5. Disobedience of any lawful judgment, order or process of the court. 6. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority. 7. Rescuing any person or property, in the custody of an officer by virtue of an order or process of such court. 8. Unlawfully detaining a witness or party to an action while going to, remaining at or returning from the court where the action is on the calendar for trial. 9. Any other unlawful interference with the process or proceedings of a court. 10. Disobedience of a subpœna duly served, or refusing to be sworn or answer as a witness. 11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person, in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court. 12. Disobedience, by an inferior tribunal, magistrate or officer, of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer. Stat. 1851, 126, read: "The following acts or omissions shall be deemed to be contempts: "Ist. Disorderly,contemptuous.or insolent behaviour towards the judge whilst holding court, or engaged in his judicial duties at chambers, or towards referees or arbitrators whilst sitting on a reference or arbitration, tending to interrupt the due course of a trial, reference or arbitration, or other judicial proceeding: "2d. A breach of the peace, boisterous conduct, or violent disturbance in presence of the court, or its immediate vicinity, tending to interrupt the due course of a trial, or other judicial proceeding: 2d. Disobedience or resistance to any lawful writ, order, rule or process, issued by the court or judge at chambers: 4th. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness: "5th. Rescuing any person or property in the custody of any officer, by virtue of an order of process of such court or judge at chambers." SUB-DIVISION 5: 5 Cal. 494; 7 Cal. 181; 18 Cal. 60; 36 Cal. 552. SUB-DIVISION 10: 7 Cal. 175. § 1210. Every person dispossessed or ejected from, or out of, any real property, by the judgment or process of any court of competent jurisdiction, and who, not having right so to do, re-enters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt, the court or justice of the peace must immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property, under the original judgment or process, to such possession. Penal Code 177 Stat. 1862, 115, §§ 1 and 2, substantially the same, inserting between "issued" and "upon a conviction" the words "and shall be tried and punished therefor, in the same manner and form as now provided by law, in case of contempt not committed in presence of the court or justice of the peace." 29 Cal. 632. § 1211. (§ 481.) When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court or judge, of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer. 1 Cal. 152, 187. § 1212. (§ 482.) When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause. § 1213. (§ 483.) Whenever a warrant of attachment is issued, pursuant to this title, the court or judge must direct, by an indorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such indorsement. Stat. 1859, 140-1. Stat. 1851, 127, read: "Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge shall 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 shall be specified in the warrant or indorsed thereon." § 1214. (§ 484.) Upon executing the warrant of attachment, the sheriff must keep the person in custody, bring him before the court or judge, 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. § 1215. (§ 485.) When a direction to let the person arrested to bail is contained in the warrant of attachment, or indorsed thereon, 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 judge thereupon; or they will pay as may be directed, the sum specified in the warrant. § 1216. (§ 486.) The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein. § 1217. (§ 487.) When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary. Ø 1218. (§ 483.) Upon the answer and evidence taken, the 3ourt or judge 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 may be imposed on him not exceeding five hundred dollars, or he may be imprisoned not exceeding five days, or both. § 1219. (§ 489.) 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 have performed it, and in that case the act must be specified in the warrant of commitment. § 1220. (§ 491.) When the warrant of arrest has been returned served, if the person arrested do not appear on the return day, the court or judge 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 proceeding. § 1221. (§ 492.) Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attend ance. § 1222. (§ 493.) The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive. Stat. 1851, 129, added the words: "The punishment shall be by fine or by imprisonment, but no fine shall exceed the sum of five hundred dollars and no imprisonment shall exceed the period of five days, except as provided in section 489." 5 Cal. 494; 7 Cal. 175. C. C. P.-34 TITLE VI. OF THE VOLUNTARY DISSOLUTION OF CORPORA TIONS. SECTION 1227. How dissolved. 1228. Application, what to contain. 1229. Application, how signed and verified. 1230. Filing application and publication of notice, 1231. Objections may be filed. 1232. Hearing of application. 1233. Judgment roll and appeals. Ó 1227. A corporation may be dissolved by the county judge of the county where its office or principal place of business is situated, upon its voluntary application for that purpose. Vide § 1233 and note. 38 Cal. 166. Am. ))-8.108. 1223. The application must be in writing, and must set forth: 1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-third vote of all the stockholders or members. 2. That all claims and demands against the corporation have been satisfied and discharged. Vide § 1233 and note. 1229. The application must be signed by a majority of the board of trustees, directors or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action. Vide § 1233 and note. 1230. If the judge is satisfied that the application is in conformity with this title, he must order it to be filed with the clerk, and that the clerk give not less than thirty nor more than fifty days notice of the application, by publication in some newspaper published in the county, and if there are none such, then by advertisements, posted up in three of the principal public places in the county. Vide1233 and note. Am:)78.108 1 |