Chap. 513.—An ACT to amend and re-enact section 3768 of the code of Virginia
in relation to contempts, to detine what are direct and what are indirect con-
tempts, and to provide a mode of procedure in such class of cases.

Approved February 26, 1898.

1. Be it enacted by the general assembly of Virginia, That section
three thousand seven hundred and sixty-eight of the code of Virginia be
amended and re-enacted so as to read as follows:

§ 3768. The courts and judges may issue attachments for contempt,
and punish them summarily, only in the following cases, which are
hereby declared to be direct contempts, all other contempts being in-
direct contempts:

First. Misbehavior in the presence of the court, or so near thereto as
to obstruct the administration of Justice.

Second. Violence or threats of violence to a judge or officer of the
court or to a juror, witness or party going to, attending or returning
from the court, for or in respect of any act or proceeding had or to be
had in such court.

Third. Misbehavior of an officer of the court in his official character.

Fourth. Disobedience or resistance of an officer of the court, Juror
or witness to any lawful process, judgment, decree or order of the said
court.

When the court adjudges a party guilty of a direct contempt it shall
make an entry of record, in which shall be specified the conduct con-
stituting such contempt and shall certify the matter of extenuation or
defence set up by the accused, and the evidence submitted by him and
the sentence of the court.

SUBSECTION,

Proceedings in cases of indirect contempt.—Upon the return of an
officer on process, or upon an affidavit duly filed, showing any person
guilty of indirect contempt, a writ of attachment or other lawful process
may issue, and such person may be arrested and brought before the court,
and thereupon a written accusation, setting forth succinctly and clearly,
the facts alleged to constitute such contempt shall be filed, and the ac-
cused required to answer the same, by an order which shall fix the time
therefor, and also the time and place for hearing the matter. <A copy of
this order shall be served upon the accused, and upon a proper showing
the court may extend the time so as to give the accused a reasonable
opportunity to purge himself of such contempt.

After the answer of the accused, or if he fail or refuse to answer, the
court may proceed at the time so fixed to hear and determine such
accusation upon such testimony as shall be produced. If the accused
answer the trial shall proceed according to the rules governing the trial
of criminal cases, and the accused shall be entitled to compulsory pro-
cess for his witnesses and to be confronted with the witnesses against
him.
© Such trial shall be by the court, or upun the application of the accused,
a trial Ly a jury shall be had, as in any case of a misdemeanrr.
If the jury find the accused guilty of contempt they shall fix the
amount of his punishment by their verdict.

The testimony taken on the trial of any case of contempt shall be
preserved on motion of the accused, and any judgment of conviction
therefor may be reviewed on writ of error from the circuit court having
jurisdiction, if the judgment is by a county court, or on writ of error
from the supreme court of appeals, if the judgment is by a circuit or
corporation court. In the appellate court the judgment of the trial
court shall be affirmed, reversed, or modified as justice may require.
If the writ of error to the judgment of a county court is refused by
the circuit court having jurisdiction, application may then be made to
the court of appeals.

2. All acts and parts of acts, so far as they conflict with this act,
are, to that extent, hereby repealed.

3. This act shall be in force from its passage.