come before him for action in his capacity as a member of the General Assembly, and shall be thereof convicted, said person or persons so offering, promising or giving, or causing or procuring to be promised, offered or given any such money, goods, right in action, bribe, present or reward, or any form, contract, undertaking, obligation or security for the payment or delivery of any money, goods, rights in action, bribe, present or reward, or other valuable thing whatever, and the member or members elect who shall in any wise accept or receive the same, or any part thereof, chall be liable to an indictment as for a felony in the Superior Courts of this State, and shall, upon conviction thereof, be fined not exceeding double the amount so offered, promised or given, and imprisoned in the Penitentiary not exceeding five years, and the person convicted of so accepting or receiving the same, or any part thereof, shall forfeit his seat in the General Assembly, and be forever disqualified to hold any office of honor, trust or profit under this State.

Forfeit seat, &c.

Solicitor to prose

cute.

SEC. 6. That any District Solicitor who shall fail faithfully to prosecute the violation in their jurisdiction, of any provision of this act which may come to his knowledge, shall be removed from office by the Governor after due notice and an opportunity to be heard in his defence. The expenses which shall be incurred by any County in investigating and prosecuting any charge of bribery, or attempt to bribe any State officer or member of the General Assembly within said County, and of receiving bribes by any State officer or member of the General Assembly in said County, shall be a charge against the State, and the properly attested claim of the County Commissioners shall be paid by the Paid by Public Treasurer of the State.

SEC. 7. This act shall be in force from and after its ratification.

Ratified the 10th day of April, A, D. 1869.

Treasurer.

CHAPTER

CLXXVII.

AN ACT IN RELATION TO PROCEEDINGS IN CONTEMPT.

What constitutes contempt.

Punishment.

SECTION 1. The General Assembly of North Carolina do enact, Any person guilty of any of the following acts may be punished for contempt:

1. Disorderly, contemptuous, or insolent behavior committed during the sitting of any Court of Justice, in immediate view and presence of the Court, and directly tending to interrupt its proceedings, or to impair the respect due to its authority.

2. Behavior of the like character committed in the presence of any referee or referees, while actually engaged in any trial or hearing pursuant to the order of any Court, or in the presence of any jury while actually sitting for the trial of a cause, or upon any inquest or other proceedings authorized by law.

3. Any breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of any Court. 4. Wilful disobedience of any process or order lawfully issued by any Court.

5. Resistance wilfully offered by any person to the lawful order or process of any Court.

6. The contumacious and unlawful refusal of any person to be sworn as a witness, or when so sworn, the like refusal to answer any material question.

7. The publication of grossly inaccurate report of the proceedings in any Court; but no person can be punished as for a contempt in publishing a true, full and fair report of any trial, argument, decision or proceeding had in Court. 8. Misbehavior of any officer of the Court in any official transaction.

SEC. 2. The punishment for contempt shall be by fine or imprisonment, or both, in the discretion of the Court,

the fine not to exceed two hundred and fifty dollars, and the imprisonment not to exceed thirty days.

PROCEEDINGS IN CONTEMPT.

SEC. 3. Contempt committed in the immediate view and presence of the Court may be punished summarily, but the Court shall cause the particulars of the offence to be specified on the record, and a copy of the same to be attached to every committal, attachment or process in the nature of an execution founded on such judgment or order.

Court may punish summarily.

SEC. 4. Every Justice of the Peace, Judge of Probate, Who may punish. Referee, Commissioner, Clerk of the Superior Court, or Judge of the Superior, or Justice of the Supreme Court, shall have power to punish for contempt while sitting for the trial of causes or engaged in official duties.

may punish.

SEC. 5. The Board of Commissioners of each County Commissioners shall have power to punish for contempt for any disorderly conduct or disturbance, tending to interrupt them in the transaction of their official business.

SEC. 6. Whenever the contempt shall not have been committed in the immediate presence of the Court, or so near as to interrupt its business, proceedings thereupon shall be by an order directing the offender to appear, within reasonable time, and show cause why he should not be attached for contempt. At the time specified in the order, the person charged with the contempt may appear and answer, and, if he fail to appear and show good cause why he should not be attached for the contempt charged, he shall be punished as provided in section second of this act.

Offender to appear and show cause.

PROCEEDINGS AS FOR CONTEMPT TO ENFORCE CIVIL REMEDIES.

SEC. 7. Every Court of Record shall have power to punish as for contempt :

1. Any Clerk, Sheriff, Register, Solicitor, Attorney, Counsellor, Coroner, Constable, Referee, or any other person

Clerk, Sheriff. Register, &c., may be punished.

in any manner selected or appointed to perform any ministerial or judicial service for any neglect or violation of duty or any misconduct, by which the rights or remedies of any party in a cause or matter depending in such Court may be defeated, impaired, delayed or prejudiced for disobedience of any lawful order of any Court or Judge, or any deceit or abuse of any process or order of any such Court or Judge.

2. Parties to suits, attorneys, and all other persons for the non-payment of any sum of money ordered by such Court, in cases where execution cannot be awarded for the collection of the same.

3. All persons for assuming to be officers, attorneys or counsellors of the Court, and acting as such without authority, for receiving any property or person which may be in custody of any officer by virtue of any order or process of the Court, for unlawfully detaining any witness or party to any suit, while going to, remaining at, or returning from the Court where the same may be set for trial, or for the unlawful interference with the proceedings in any action.

4. All persons summoned as witnesses in refusing or neglecting to obey such summons to attend, be sworn or answer as such witness.

5. Parties summoned as jurors for impropriety, conversing with parties or others in relation to an action to be tried at such Court or receiving communications therefrom.

6. All inferior magistrates, officers and tribunals for disobedience of any lawful order of the Court, or for proceeding in any matter or cause contrary to law, after the same shall have been removed from their jurisdiction.

7. All other cases where attachments and proceedings as for contempt have been heretofore adopted and practiced in Courts of Record in this State, to enforce the civil remedies or protect the rights of any party to an action.

SEC. 8. Proceedings as for contempt shall be prosecuted and carried on, as provided in other special proceedings.

SEC. 9. To sustain an action as for contempt, the act complained of must have been such as tended to defeat, impair, impede, prejudice the rights or remedies of a party to an action then pending in Court.

SEC. 10. This act shall be in force from and after its ratification.

Ratified the 10th day of April, A. D. 1869.

To sustain action.

CHAPTER CLXXVIII.

OF PROCEEDINGS IN CRIMINAL CASES.

CHAPTER I.

WHEN AND BY WHOM ARRESTS MAY BE MADE WITHOUT

PROCESS.

The General Assembly of North Carolina do enact as follows:

SECTION 1. By persons present at riot, &c.:

Every person present at any riot, rout, affray or other breach of the peace, shall endeavor to suppress and prevent the same, and, if necessary for that purpose, shall arrest the offenders.

Persons present at riot, &c.

ed, &c.

SEC. 2. Person summoned by any Judge, &c., to assist: Every person summoned by a Judge, Justice, Sheriff, Persons summonCoroner or Constable, to aid in suppressing any riot, rout, unlawful assembly, affray or other breach of the peace, or to arrest the persons engaged in the commission of such