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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1059   View pdf image (33K)
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COURTS 1059

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imposed, enforced or recovered as if said section had not been repealed;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be of the same force and effect as if said section had not been so repealed'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 in-
herent in all courts. This section does not confer jurisdiction upon courts, but is merely
declaratory of what constitutes contempt. Ex parte Maulsby, 13 Md. 635; Kelly v.
Montebello Park Co., 141 Md. 205.

No appeal lies from an order imposing a fine for contempt. State v. Stone, 3 H.
& McH. 116.

Upon the refusal of a lower court to obey a writ of habeas corpus directed to it by
a higher court, the latter ordered the justices of the lower court summoned to answer
for contempt. Taylor v. Llewellin, 1 H. & McH. 19.

Deceit practiced upon court by giving him blank photographic plate while retaining
plate used, was flagrant misbehavior justifying punishment for contempt. Power to
punish for contempt. Liberty of Press. Appeal dismissed. Ex parte Sturm, 152 Md.
120. See art. 5, sec. 107.

Offenses enumerated in this section relate to direct contempt and not to constructive
contempt, which the Legislature has not undertaken to define. Hearing in case of con-
structive contempt for interfering with investigation of grand jury was had as pro-
vided in Art. 5, Sec. 107. Person discussing with a member of the grand jury means
of producing evidence in his power in investigation involving said person was guilty of
constructive contempt; sentence in particular case not excessive. Hitzelberger v. State,
173 Md. 435.

Cited in Cohen v. Cohen, 174 Md. 63.

The sheriff may be attached for not returning a writ. West v. Hughes, 1 H. & J. 453.

An. Code,. 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1852, ch. 173, sec. 5.

5. In case of the absence of the judges of any court, (except the court
of appeals,) the clerk may adjourn the court from day to day; or he may,
by written order from the judges, adjourn the court to the next term thereof,
or to such other day before the next term as by said order he may be
directed.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1796, ch. 43, sec. 20.
1801, ch. 74, sec. 17. 1858, ch. 363. 1890, ch. 411. 1920, ch. 50.

6. The clerk of any court in this State may at any time enter a judg-
ment by confession with the assent of the parties or attorneys in writing,


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1059   View pdf image (33K)
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