$670. Return of Warrant.

The sheriff shall return the warrant of arrest, and the undertaking, if any, given him by the defendant, by the return day therein specified. When the defendant has been brought up or appeared, the court or judicial officer shall proceed to investigate the charge by examining such defendant and witnesses for or against him, for which an adjournment may be had from time to time, if necessary. [L. 1862; D. Cd. § 648; H. C. § 658.]

§ 671. Judgment and Sentence.

Upon the evidence so taken, the court or judicial officer shall determine whether or not the defendant is guilty of the contempt charged, and if it be determined that he is so guilty, shall sentence him to be punished as provided in this chapter. [L. 1862; D. Cd. § 649; H. C. § 659.]

$ 672. Indemnity to Party Injured.

If any loss or injury to a party in an action, suit, or proceeding, prejudical to his rights therein, have been caused by the contempt, the court or judicial officer, in addition to the punishment imposed for the contempt, may give judgment that the party aggrieved recover off the defendant a sum of money sufficient to indemnify him, and to satisfy his costs and disbursements, which judgment, and the acceptance of the amount thereof, is a bar to any action, suit, or proceeding by the aggrieved party for such loss or injury. [L. 1862; D. Cd. § 650; H. C. § 660.]

The circuit court has power under this section to give a judgment in favor of the party aggrieved, but, after the party has paid his fine imposed by the court, a person injured by the party who failed to obey

the order of court can not bring an action upon the undertaking for release from arrest in the contempt proceedings: State v. Crane, 15 Or. 153, 13 Pac. 773.

§ 673. Imprisonment Until Sentence Complied With.

When the contempt consists in the omission or refusal to perform an act which is yet in the power of the defendant to perform, he may be imprisoned until he shall have performed it, and in such case the act must be specified in the warrant of commitment. [L. 1862; D. Cd. § 651; H. C. § 661.]

§ 674. Person Also Liable to Indictment.

Persons proceeded against according to the provisions of this chapter are also liable to indictment for the same misconduct, if it be an indictable offense, but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted. [L. 1862; D. Cd. § 652; H. C. § 662.]

§ 675. If Party do Not Appear.

When the warrant of arrest has been returned served, if the defendant do not appear on the return day, the court or judicial officer may issue an

other warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, and the aggrieved party join in the action, and the sum specified therein be recovered, so much thereof as will compensate such party for the loss or injury sustained by reason of the misconduct for which the warrant was issued shall be deemed to be recovered for such party exclusively. [L. 1862; D. Cd. § 653; H. C. § 663.]

§ 676. Appeal from Judgment.

Either party to a judgment in a proceeding for a contempt may appeal therefrom, in like manner and with like effect as from a judgment in an action, but such appeal shall not have the effect to stay the proceeding in any other action, suit, or proceeding, or upon any judgment, decree, or order therein, concerning which or wherein such contempt was committed. Contempts of justice's courts are punishable in the manner specially provided in the procedure before them. [L. 1862; D. Cd. § 654; H. C. § 664.]

Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. Proof is the effect of evidence, the establishment of a fact by evidence. [L. 1862; D. Cd. § 655; H. C. § 665.]

$ 678. Law of Evidence Defined.

The law of evidence, which is the subject of this title and titles X and XI, is a collection of general rules established by law,

1. For declaring what is to be taken as true without proof;

2. For declaring the presumptions of law, both those which are disputable and those which are conclusive;

3. For the production of legal evidence;

4. For the exclusion of whatever is not legal;

5. For determining in certain cases the value and effect of evidence. [L. 1862; D. Cd. § 656; H. C. § 666.]

8 679. Degree of Certainty Necessary.

The law does not require demonstration; that is, such a degree of

proof as, excluding possibility of error, produces absolute certainty, because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. [L. 1862 ; D. Cd. § 657; H. C. § 667.]

$ 680. Kinds of Evidence.

There are four kinds of evidence:

1. The knowledge of the court;

2. The testimony of witnesses;

3. Writings;

4. Other material objects presented to the senses. [L. 1862; D. Cd. § 658; H. C. § 668.]

By this section the knowledge of the court is made a species of evidence: State v. Magers, 35 Or. 524, 57 Pac. 197.

§ 681. Degrees of Evidence.

There are several degrees of evidence:

1. Original and secondary;

2. Direct and indirect;

3. Primary, partial, satisfactory, indispensable, and conclusive. [L. 1862; D. Cd. § 659; H. C. § 669.]

§ 682. Original Evidence Defined.

Original evidence is an original writing or material object introduced in evidence. [L. 1862; D. Cd. § 660; H. C. § 670.]

§ 683. Secondary Evidence Defined.

Secondary evidence is a copy of such original writing or object, or oral evidence thereof. [L. 1862; D. Cd. § 661; H. C. § 671.]

PROOF OF CONTENTS OF INSTRUMENTS:

§ 684. Direct Evidence Defined.

See § 703, post.

Direct evidence is that which proves the fact in dispute directly, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. For example, if the fact in dispute be an agreement, the evidence of a witness who was present and witnessed the making of it is direct. [L. 1862; D. Cd. § 662; H. C. § 672.]

§ 685. Indirect Evidence Defined.

Indirect evidence is that which tends to establish the fact in dispute by proving another, and which, though true, does not of itself conclusively establish that fact, but which affords an inference or presumption of its existence. For example, a witness proves an admission of the party to the fact in dispute. This proves a fact, from which the fact in dispute is inferred. [L. 1862; D. Cd. § 663; H. C. § 673.]

§ 686. Primary Evidence Defined.

Primary evidence is that which suffices for the proof of a particular

fact until contradicted and overcome by other evidence. For example, the certificate of a recording officer is primary evidence of a record; but it may be afterwards overcome upon proof that there is no such record. [L. 1862; D. Cd. § 664; H. C. § 674.]

A decree approving the final account of an executor or administrator is only primary evidence of the correctness of the account as thereby settled and allowed; such decree is not conclusive, but prima facie evidence only: Cross v. Baskett, 17 Or. 88, 21 Pac. 47.

§ 687. Partial Evidence Defined.

Partial evidence is that which goes to establish a detached fact, in a series tending to the fact in dispute. It may be received, subject to be rejected as incompetent, unless connected with the fact in dispute, by proof of other facts. For example, on an issue of title to real property, evidence of the continued possession of a remote occupant is partial, for it is of a detached fact, which may or may not be afterwards connected with the main fact in dispute. [L. 1862; D. Cd. § 665; H. C. § 675.]

$ 688. Satisfactory Evidence Defined.

That evidence is deemed satisfactory which ordinarily produces moral certainty or conviction in an unprejudiced mind. Such evidence alone will justify a verdict. Evidence less than this is denominated insufficient evidence. [L. 1862; D. Cd. § 666; H. C. § 676.]

§ 689. Indispensable Evidence Defined.

Indispensable evidence is that without which a particular fact can not be proved. [L. 1862; D. Cd. § 667; H. C. § 677.]

$690. Conclusive Evidence Defined.

Conclusive or unanswerable evidence is that which the law does not permit to be contradicted. For example, the record of a court of competent jurisdiction can not be contradicted by the parties to it. [L. 1862; D. Cd. § 668; H. C. § 678.]

§ 691. Cumulative Evidence Defined.

Cumulative evidence is additional evidence of the same character to

the same point. [L. 1862; D. Cd. § 669; H. C. § 679.]

§ 692. Corroborative Evidence Defined.

Corroborative evidence is additional evidence of a different character to the same point. [L. 1862; D. Cd. § 670; H. C. § 680.]

CHAPTER II.

OF THE GENERAL PRINCIPLES OF EVIDENCE.

$693. Direct Evidence of One Witness Sufficient.

The direct evidence of one witness who is entitled to full credit is