State's attorney, either personally or by deputy or assistant, to prose-
cute such contempts as though the same were criminal cases. NOTH-
ING HEREIN CONTAINED SHALL BE CONSTRUED OR IN-
TENDED TO PREVENT THE JUDGE OR JUDGES WHO
SIGNED AN ORDER OR DECREE IN DIVORCE, ALIMONY
AND NON-SUPPORT CASES FROM HEARING AND IMPOSING
A PENALTY FOR CONTEMPT IN VIOLATION OR NON-COM-
PLIANCE WITH THE PROVISIONS OF SUCH ORDER OR
DECREE.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.

Approved May 5, 1959.

1378                            Laws of Maryland                      [Ch. 808

title "Courts", sub-title "General Provisions", providing that the
same court which issues a contempt citation may hear testimony
on the same, and relating generally to court procedure in con-
tempt cases in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 5 of Article 26 of the Annotated Code of Maryland
(1957 Edition), title "Courts", sub-title 'General Provisions", be
and it is hereby repealed and re-enacted, with amendments, to read
as follows:

5.

If any alleged contempt be a direct contempt, alleged to have been
committed in the presence of the court, or so near to the court as
to interrupt its proceedings, then the court so adjudging shall sign
a formal order to that effect. The record in such case shall consist
of such order, of affidavits filed by or on behalf of the party ad-
judged in contempt, and of affidavits filed by the State's attorney
in support of the action of the court, together with any testimony
that such party or the State's attorney may desire to offer in sup-
port of such affidavits and a written statement by the judge or
judges passing such order of contempt, of the facts and circum-
stances 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 con-
tempt 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. [before a judge or judges other than the judge
issuing the citation. If the constructive contempt is committed while
all the judges of the Supreme Bench of Baltimore City are sitting en
bane, or while all the judges of any circuit are sitting en bane, the
person alleged to be in contempt shall have the right to have the
case removed to another circuit or court for trial.] Nothing con-

tained herein shall prevent the same judge or judges who issued

the citation from hearing the testimony and rendering the decision
in the contempt case. In all such cases, it shall be the duty of the