928 ARTICLE 26.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1840, ch. 96, sec. 2.

2. The judges of the several courts of this State exercising civil juris-
diction shall prescribe by rule of court the manner in which suits may be
dismissed by the parties or their attorneys during recess.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1805, ch. 65, sec. 51.

3. No person shall sue or be sued in privilege.

The privilege must be claimed by plea or motion made at the proper time, as it
may be waived. Peters v. League, 13 Md. 63.

Jurymen and witnesses are privileged from arrest during their attendance on
court; it is the privilege of the court, however, and not of individual. Brookes v.
Chesley, 4 H. & McH. 295.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1853, ch. 450, sec. 1. 1898, ch. 31.

4. The power of the several courts of the State to issue attachments
and inflict summary punishments for contempt of courts shall not be con-
strued to extend to any cases except the following: (1) the misbehavior
of any person or persons in the presence of the said courts, or so near
thereto as to obstruct the administration of justice; (2) the misbehavior
of any officers of the said courts in their official transactions; (3) the dis-
obedience or resistance by any officer of the said courts, party, juror, wit-
ness or any other' person or persons to any lawful writ, process, order,
rule, decree or command of the said courts; (4) for unlawfully detaining
or fraudulently and wilfully preventing, or disabling from attending or
testifying a witness or party to an action, while going to, remaining at,
or returning from the court, or sitting of an examiner in equity, or com-
missioner, where such cause may be set for trial, hearing, or the taking of
testimony; (5) for fraudulently and wilfully removing, concealing or de-
stroying any book, paper or document for the production of which for
purposes of evidence, either at the trial of a cause or before an examiner
in equity or commissioner, notice shall have been given; (6) for rescuing
any person from the custody or removing any property from the possession
of any officer holding said person or property by virtue of any writ of a
court of competent jurisdiction; (7) any person for assuming to be an'
attorney, solicitor or other officer of the court, and acting as such without
authority. Every offense which has been or shall have been wholly or
partly committed against this section before the repeal and re-enactment
thereof with amendments as hereinbefore provided shall be dealt with, in-
quired into, tried, determined and punished, and every penalty in respect
to any such offense shall be imposed or inflicted, and any fine shall be
imposed, enforced or recovered as if said section had not been repealed;
and no case or proceeding pending shall abate by reason of such repeal,
and any liability in respect to any matter or thing committed or done
before such repeal and re-enactment with amendments shall continue and
be of the same force and effect as if said section had not been so repealed
and re-enacted.

Contempt of court is an offense at common law, and the right to punish for it is
inherent in all courts. This section does not confer jurisdiction upon the courts,
but is merely declaratory of what constitutes contempt. Ex parte Maulsby, 13 Md.
635; Kelly v. Montebello Park Co., 141 Md. 205.