HERBERT R. O'CONOR, GOVERNOR. 799
CHAPTER 493.

(Senate Bill 228)

AN ACT to repeal and re-enact with amendments Section
107 of Article 5 of the Annotated Code of Maryland
(1939 Edition), title "Appeals and Errors", sub-title
"Appeals in Cases of Contempt", providing that, in
cases involving a constructive contempt, the matter
shall be tried before a judge or judges other than the
judge issuing the citation.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 107 of Article 5 of the Anno-
tated Code of Maryland (1939 Edition), title "Appeals
and Errors", sub-title "Appeals in Cases of Contempt",
be and it is hereby repealed and re-enacted with amend-
ments to read as follows:

107. 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 judg-
ment to the Court of Appeals. If any such alleged con-
tempt be a direct contempt, alleged to have been com-
mitted in the presence of the Court, or so near to the
Court as to interrupt its proceedings, then the Court pass-
ing 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 affidavits 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 ad-
judging 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