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CHAPTER III.

CERTAIN LIENS FOR SALARIES AND WAGES.

SECTION 1204. Certain persons preferred creditors when assignment of property is made.

1205. Same, against estates.

1206. Same, in cases of execution or attachment.

1204. In all assignments of property, made by any person trustees or assignees, on account of the inability of the person, at the time of the assignment, to pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks or laborers, employed by such person, to the amount of one hundred dollars, and for services rendered within sixty days, are preferred claims, and must be paid by such trustee or assignees before any other creditor or creditors of the assigno

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Stat. 1867-68, 213, § 1, substantially the same, but inserted the words "whether real or personal, whic shall hereafter be," between property" and "made;.' also the word "or chartered company, or corporation, or by any person or persons owning or leasing real or personal property," between " person and "to trustees;" also "forty" instead of "sixty;" also the words "gold coin of th. U. S." after dollars.

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§ 1205. In case of the death of any employer, the wages of each miner, mechanic, salesman, clerk, servant and laborer, for services rendered within the forty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and fant children, and must be paid before other claims against the estate of the deceased person.

Vide § 1643.

Stat. 1867-68, 213, § 2, substantially the same, but inserted "gold coin of the U.S." after "dollars:" also "pro rata" between "paid" and "before;' also "all" before "other claims;" also added the words: "Provided, this act shall in no way affect the homestead or other property exempted by law from forced sale in payment of debts, or any mortgage or lien lawfully obtained on the property of the deceased before his death."

1206. In cases of executions, attachments, and writs of a simin nature, issued against any person, miners, mechanics, salesme servants, clerks and laborers, who have claims against the defendant for labor done, may give notice of their claim, and the amount thereof, sworn to by the person making the claim, to the fficer executing either of such writs, at any time before the actal sale of property levied on; and such officers must pay to such persons, out of the proceeds of the sale, the amount each isntitled to receive for services rendered within the forty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all of the claims so presented, and claiming reference under this section, are disputed by either the debtor or creditor, the person presenting the same must commence anction within ten days for the recovery thereof, and must prosecu his action with due diligence, or be forever barred from any crim of priority of payment thereof; but in case action is rendered necessary by the act of either debtor or creditor, and judgment be had for the claim, or any part thereof, carrying costs, the costs taxable therein are likewise a preferred claim, with the same rank as the original claim.

Vide § 1643.

Stat. 1867-68, 213, § 3, substantially the same, but inserted the words "or persons, or chartered company or corporation, it shall be lawful for such" between "person" and "miner; also omitted the words "who have claims against the defendant for labor done;" also inserted "duly certified to and" between "thereof" and "sworn to;" also "creditor or creditors making the claim" instead of "person making the claim; also "gold coin of the U. S." after "dollars;" also added the words: "And provided, further, if the amount of the assets, after deducting costs of levy and sale, shall not be adequate to the payment of all the preferred claims of this class, they shall be paid pro rata out of the fund hereby made applicable thereto; and provided, further, that nothing in this act contained shall be construed to affect any homestead claims, mortgage or lien of any description, created or existing before the claim of such laborer accrued."

SECTION 1209.

1210.

TITLE V.

OF CONTEMPTS.

What acts or omissions are contempts.. Re-entry on property after eviction, when a contempt. 1211. A contempt committed in the presence of the court may be punished summarily. When not so committed, an affidavit or statement shall be made. 1212. A warrant of attachment may issue or a notice to show cause.

1213. Bail may be given by a person arrested under such warrant.

1214. Sheriff must, upon executing the warrant, arrest and detain the person until discharged.

1215. Bail bond, form and conditions of.

1216. Officer must return warrant and undertaking, if any. 1217. Hearing.

1218. Judgment and penalty, if guilty.

1219. If the contempt is the omission to perform any act, the person may be imprisoned until performance. 1220. If a party fail to appear, proceedings.

1221. Illness sufficient cause for non-appearance of party arrested. Confinement under arrests for contempt.

1222. Judgment and orders in such cases final.

§ 1209. (§ 480.) The following acts or omissions, in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

1. Disorderly, contemptuous or insolent behaviour toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding.

2. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding.

3. Misbehaviour in office, or other wilful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner or other person appointed or elected to perform a judicial or ministerial service.

4. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding.

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, remai ing 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 subpoena 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 conrse of a trial, or other judicial proceeding:

3d. 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. See 44 Cal. 475; 47 Cal. 133.

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.

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; 42 Cal. 412.

§ 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; 42 Cal. 412.

§ 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.

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