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Sec[Section] 1st Be it enacted by the people of the State of Illinois represented in the general assembly, That if any person or persons Shall knowingly and wilfully be guilty of any disorderly
or contemptous conduct in the presence, view and hearing of any court of record in this state while the same is sitting, tending manifestly to interupt the procedings of such court, or wilfully disobey any order or process of such court Lawfully made
and duly served on such person, shall be deemed guilty of a contempt of Court and
on conviction thereof shall be fined in a sum not exceding one hundred dollars or imprisoned for a term not exceding the siting of the court.
Sec 2d That in all cases of contempts committed in the presence view and hearing of the
court, the said court may order the the contemptous person or persons to be forthwith brought to answer and if such person or persons
shall consent to be tried by the court which consent shall be entered on record of
the said Court Shall after hearing the defence, of Such person, or persons if found guilty procede to pronounce a Sentence of fine or imprisonment, in the descretion of the court, not exceding ten dollars fine or twelve hours imprisonment but if such person or persons shall
not consent to be tried by the court then he or they shall be tried as hereinafter
provided
Sec 3rd In all cases of contempt commited in the presence, view and hearing of the court or for wilful disobeying any Lawful
order of process of the court
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as aforesaid it shall and may be Lawful for the court to order the Sheriff or other
officers attending the Said court to bring such person before the court or a capias may be issued to take the body of Said person and the court shall order a Jury to
be impanneled as in other criminal cases and the attorney prosecuting for the people shall make
out a charge or charges in writing setting forth the offence, and time and place of
commiting the Same, and if the prisoner request it a copy thereof shall be delivered to him
and the same procedings shall be had thereon as is now provided by Law, in other cases of crimes or misdemeanors
where the punishment is the same or no greater, and the amount of fine, or term of
imprisonment Shall be fixed by the Jury.
Sec 4th Appeals and writs of Error shall be allowed in all cases of contempts, as in other
criminal cases and no act “or conduct of any citizen of this state shall be construed into a contempt of court or punished under any pretence whatever for any supposed contempt,” otherwise than is provided in this act, provided That nothing in this act shall be construed to extend to any process against parties
or officers as for a contempt for the purpose fo enforceing any civil right or remedy.
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[ docketing
]
12/17/1834
12/17/1834
rejected
[ docketing
]
[12]/[16]/[1834]
[12]/[16]/[1834]
Engrossed.
1John D. Hughes introduced HB 32 in the House of Representatives on December 13, 1834. On December 17, the House voted against the bill’s passage.
Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 102, 115, 127, 130.
Handwritten Document, 4 page(s), Folder 25, HB 32, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,