Same, in case of execution or attach ment. miners, mechanics, salesmen, servants, clerks, and laborers, who have claims against the defendant for labor done, may give notice of their claim, and the amount thereof, sworn to by the person making the claim, to the officer executing either of such writs, at any time before the actual sale of property levied on; and such officers must pay to such persons, out of the proceeds of the sale, the amount each is entitled to receive for services rendered within the forty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all of the claims so presented, and claiming preference under this section, are disputed by either the debtor or creditor, the person presenting the same must commence an action within ten days for the recovery thereof, and must prosecute his action with due diligence, or be forever barred from any claim of priority of payment thereof; but in case action is rendered necessary by the act of either debtor or creditor, and judgment be had for the claim, or any part thereof, carrying costs, the costs taxable therein are likewise a preferred claim, with the same rank as the original claim. TITLE V. OF CONTEMPTS. SECTION 1209. What acts or omissions are contempts. 1210. Reëntry on property after eviction, when a contempt. cause. 1213. Bail may by given by a person arrested under such warrant. 1214. Sheriff must, upon executing the warrant, arrest and detain the person until discharged. 1215. Bail bond, form and conditions of. 1 SECTION 1216. Officer must return warrant and undertaking, if any. 1217. Hearing. 1218. Judgment and penalty, if guilty. 1219. If the contempt is the omission to perform any act, 1220. If a party fail to appear, proceedings. 1221. Illness sufficient cause for non-appearance of party 1222. Judgment and orders in such cases final. 1209. The following acts or omissions, in respect to a Court of justice, or proceedings therein, are contempts of the authority of the Court: 1. Disorderly, contemptuous, or insolent behavior toward the Judge while holding the Court, tending to interrupt the due course of a trial or other judicial proceeding; 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding; 3. Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, Clerk, Sheriff, Coroner, or other person appointed or elected to perform a judicial or ministerial service; 4. Deceit or abuse of the process or proceedings of the Court by a party to an action or special proceeding; 5. Disobedience of any lawful judgment, order, or process of the Court; 6. Assuming to be an officer, attorney, counsel of a Court, and acting as such without authority; 7. Rescuing any person or property, in the custody of an officer by virtue of an order or process of such Court; 8. Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the Court where the action is on the calendar for trial; 9. Any other unlawful interference with the process or proceedings of a Court; What acts sions are or omis contempts. A contempt committed in the presence of the Court may be 10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness; 11. When summoned as a juror in a Court, neglecting to attend or serve as such, or improperly convers ing with a party to an action to be tried at such Court, or with any other person, in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the Court; 12. Disobedience, by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or process of a superior Court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer. 1210. Every person dispossessed or ejected from, or out of, any real property, by the judgment or process of any Court of competent jurisdiction, and who, not having right so to do, reënters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the Court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt, the Court or Justice of the Peace must immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property, under the original judgment or process, to such pos session. 1211. (§ 481.) When a contempt is committed in the immediate view and presence of the Court, or Summarily. Judge at chambers, it may be punished summarily; punished 80 com for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the Court, or Judge at chambers, an affidavit shall be pre-sho sented to the Court, or Judge, of the facts constituting the contempt, or a statement of the facts by the ref erees or arbitrators, or other judicial officer. 1212. (§ 482.) When the contempt is not committed in the immediate view and presence of the Court or Judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause. 1213. (§ 483.) (§ 483.) Whenever a warrant of attachment is issued, pursuant to this Title, the Court or Judge must direct, by an indorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such indorsement. When not mitted an affidavit or statement made. A warrant of attach ment may notice to issue, or a show cause. Bail may be given by a person under such arrested warrant. must, upon the warrant, detain the arrest and 1214. (§ 484.) Upon executing the warrant of Sheriff attachment, the Sheriff must keep the person in cus- executing tody, bring him before the Court or Judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as discharged. provided in the next section. person until form and 1215. ($485.) When a direction to let the person Bail bond, arrested to bail is contained in the warrant of attach- conditions ment, or indorsed thereon, he must be discharged from of. Officer must return warrant the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the Court or Judge thereupon; or they will pay as may be directed, the sum specified in the warrant. 1216. (§ 486.) The officer must return the warrant of arrest and undertaking, if any, received by and under him from the person arrested, by the return day specified therein. taking, if any. Hearing. Judgment and penalty, if guilty. If the contempt is perform 1217. (§ 487.) When the person arrested has been brought up or appeared, the Court or Judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary. 1218. (§ 488.) Upon the answer and evidence taken, the Court or Judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five hundred dollars, or he may be imprisoned not exceeding five days, or both. 1219. (§ 489.) When the contempt consists in the omission to omission to perform an act which is yet in the power any act, the of the person to perform, he may be imprisoned until he have performed it, and in that case the act must be specified in the warrant of commitment. person may be imprisoned until perform ance. If a party fail to appear, proceed ings. 1220. (§ 491.) When the warrant of arrest has been returned served, if the person arrested do not appear on the return day, the Court or Judge may issue another warrant of arrest, or may order the |