ALBERT C. RITCHIE, GOVERNOR. 655
SECTION 1. Be it enacted by the General Assembly of Mary-
land, That a new and additional Section be and the same is
hereby added to Article 5 of the Annotated Code of Maryland
(1924), title ''Appeals and Errors, " said new and additional
section to follow immediately after Section 104 of said Article
5 and to be designated Section 105, and to read as follows:
87A. Any person who has been adjudged in contempt of
Court by any order or judgment, passed to preserve the power
or to vindicate the dignity of the Court, shall have the right to
take an appeal from such order or judgment to the Court of
Appeals. If any such alleged contempt be a direct contempt, al-
leged to have been committed in the presence of the Court, or so
near to the Court as to interrupt its proceedings, then the Court
passing such order shall sign a formal order to that effect, and
the party aggrieved thereby shall have the right, within five days
thereafter, to enter an appeal therefrom to the Court of Appeals.
The record on appeal in such case shall consist of such order, of
affidavits filed by or on behalf of the party aggrieved, or of affi-
davits filed by the State's Attorney in support of the action
of the Court, together with any testimony that such
party may desire to offer in support of such affidavits and a
written statement by the judge or judges, passing such order of
contempt, of the facts and circumstances under and by reason
of which such order was passed. If any such alleged contempt
be a constructive contempt, alleged to have been committed not
in the presence of the Court, or not so near to the Court as to
interrupt its proceedings, then the Court shall issue a citation
to the person alleged to be in contempt, requiring such person
to show cause why an order adjudging such person in contempt
should not be passed within a time named therein. If no cause
is shown, within the time so named, such order shall be final;
but if such person shall answer and show cause within the time
named, then testimony shall be taken and the matter tried by
the Court without a jury. Upon appeal to the Court of Appeals,
in cases of both direct and constructive contempts, the Court
of Appeals shall consider and pass upon the law and the facts
and said Court shall make such order as to it may seem proper,
including the right to reverse or modify the order appealed
from. In all such cases, it shall be the duty of the State's
Attorney, either personally or by deputy or assistant, to pros-
ecute such contempts as though the same were criminal cases.
SEC. 2. And be it further enacted, That this Act shall take
effect from and after June 1, 1927.
Approved April 5, 1927.
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