Page:Black's Law Dictionary (Second Edition).djvu/265

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CONSUMMATION 257 CONTEMPT


CONSUMMATION. The completion of a thing; the completion of a marriage between two alilnnced persons by cohabitation. Shar- on v. ilhnron, 79 Cal. 633, 22 Pac. 26.

CONTAGIOUS DISEASE. One capable of being transmitted by mediate or immediate coiirncr. see Gruyson v. Lynch, 163 U. 465. 16 Sup. Ct. 1064, 41 L. Ed. 230; Sh-yher V. Crane, 33 Nelr. 690, 50 N. W. 1132; Pierce V. llllliuglinm, 203 111. 148, 61' N. E. 8-16. 62 L it. A. 883. See INFECTION.

CONTANGO. In English law. The com- nihllon received for carrying over or putting on’ the time of execution of i1 contract to (ii-iln-r sludrs or pay for them at a certain l.li|‘»A'. Wharton.

CONTEK. I. Fr. A contest, djspnte, distuil-iiiice, opposition. Britt c. 42; Keihnm. ttmicciisom-s; iirrmiers; disturhers of the pace. Britt. c. ‘.79.

CONTEMNER. One who has committed contempt of court. Wyatt v. People, 17 Colo. 25' 28 Pac. 961.

CONTEMPLATIDN. The act of the mind In I-onsiileiing with attention. Continued attention of the mind to i1 particular sub- ]'."1 Hiiisidcialioii of an act or series of reel with the intention of doing or adopting iilPl.‘lL The consideration of an event or state of facts with the expectation that it will Lriinspire

—-Contemplation of bankruptcy. Contemplntion of the hri-aking up of one’s husini-ss or an inability to continue it; knowledge of, and Ilifln with reference to, a condition of bankruptcycyor ascertained insolvency, coupled with no intention to commit what the law declares to he an "act of bankruptcy," or to make pro- vision ngriinst the consequences of insolvency. or In defeat the general distribution of assets Ilviii would take place under a proceeding in iilriifliptty. Jones \. Houlnnd. 8 Ilietc. (Mass)

'.'5L -11 Am. Dcc. 5'25: Pitulding v. Steel Co.,

04 .’\'. Y. 339: In re Dufi (D. C.) 4 Foil. 519; lllcrgzin v Brundrett. 5 Barn. & Aid. 25.‘); \‘l/innor r Kendall 30 Fed. Can. 322: Buckingham r, McLi-an, 1. How. 167, 14 L. Ed. 90: in re Cilrniiclmci (D. C.) 96 Fed. 55‘-i.—Contempla— tion of death. The apprehension or expectation of approaching dissolution; not that general ups-~miinn which every mortal entertains, but the ipprehnnsion which arises from some preuntly existing sickness or physical condition or from some impending danger. As applied to [paint of property, the phrase “in contemplat -. neoth ' is priitticaily equivalent to "c-iiisn

' In re C-nrncI|'s Estate. 66 App. Div. . N. Y. Supp. 32: In re Edgorl.on‘s Esi' . -'35 App. Div. 13"). 54 N. Y. S1‘ 1). 700; in re B:.'ser's Estate, 83 App. Div. 5 ), 82 N. Y. Supp. 3 l').—Oontemplia.tion of insolvecny. Knnwlcdge of, and ni-lion with l‘Ef9l'PI|(‘.e in. -- ousting or cont:-mpintcd stiite of insol- not}, with a design to make provision against in rnilii or to defezit the operation of lhc ins-lmr i: airs. Robinson v. Bank. 21 N. Y. 41]: Bmiliiing v. Steel Co., 94 N. Y. 338: Hi-my v. Kt-rr. 21 How. Prac. 4%: Anstcdt v. Funky. 61 Wis. 62.‘). 21 '. W. 807.

CONTEMPORANEA EXPOSITIO. Gonteniporaneous exposition, or Bl.Law Dict.(2d Ed.)—17

Lat. construction; a construction drawn from the time when, and the circumstances under which, the subject-matter to be construed, as a statute or custom, originated.

Contempox-anen expositio est optima at for-tissimn in Iege. Contemporaneous exposition is the host and strongest in the law. 2 Inst. 11 A statute is best explained by following the construction put upon it by judges who lived at the time it was made, or soon after. 10 Coke, 70; Broom. Max. (BS2.

CONTEMPT. Contumacy; a willful dis- regard of the authority of a court of justice or legislative body or disobedience to its law- fui orders.

Contempt of court is committed by a person who does any act in wii.ltui contravention of its authority or dignity, or tending to impede or frustrate the administration of justice, or by one who, being under the courts authority as fl party to iz proceeding therein. willfully disobeys its lawful orders or fails to comply with an undertaking which he hns given. Weich v. Barber, 52 Conn. 147. 52 Am Rep. 567: Lyon v. Lyon. 21 Conn. 193; Iiissel v. Lewis, 1.’! Ind. App. 302, 61 N. E. 209; Yates v. Lansing, 9 Johns. (N. Y.) 395, G Am. Dec 290; Stuart v. People, 4 Iii. 395; Gaudy v. State. 13 Neh. 445, 14 N. W. 143.

Classification. Contempts are of two kinds. direct iind constructive. Direct contcmpts are those committed in the immediate view and presence of the court (such as insulting language or acts of violence) or so near the presence of the court as to obstruct or interrupt the due and ordi-rly course of proceedings. These are punishable summarily. They are also called “oi-iminsi" conternpts, but that term is better used in contrast with “civil" cunteru ts. See infra. Ex pnrte Wright 65 Ind. 50 ; State v. McClain.-‘berry, 33 W. Va ' ' . 1 S. E. 407: State v. Shepherd. 177 Mo. .5415, 76 S. W. 79, 99 Am. St. Rep. 024; Indianapolis Water Co. v. Amcricnn Striiwiioard Co. . .) Ta‘ Fed. 97": In re Dill, 32 Kan. G63 5 Peic. 39, 49 . m. Rep. 505: State v. Hans ord, 43 W. Va. 7 “ 23 S. 14.‘. "01; Androscoggin & K. R. Co.

mu R. Co., 49 Me. 392. Constructive (or indirect) contenipts are those which itrise from matters not occiirrin:: in or near the presence of the court, but which tend to ob- struct or defeat the administration of justice. rind the term is chieily used with reference to the lniiure or refusal of a party to obey a law- ful order, injunction, or decree of the court lay- iny upon him a. duty of action or forheiu-ance. Audra-scoggin & K. R. CO. v. Androscosgin R. Co.. -19 ‘lie. 392' Cooper v. People, 13 Coio. 837, 22 Pat‘. 790 L. R. A. 430; Stuart V. People. 4 Ill. 1; ilIc.\i:il(in v. McMakin, 03 Mo. App. 57. Co ructive contempts were formerly called "consequential," and this term is still in occasional use.

Contempts are also classed as civil or criminal. The former are those quiisl contempt: which consist in the failure to do soruethuii: which the party is ordered b the court to do for the benefit or advantage 0 another pirtv to the proceerling before the court, while criminal conternpts are sets done in disrespect of the court or its process or which obstruct the ad- ministration of jiisfice or tend to bring the court into disrespect A civil contempt is not an oilfense against the dignity of the court, but against the party in whose behalf the mandate of the court was issued, and a fine is imposed

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