CONSUMMATION OF MARRIAGE. The first time that the husband and wife cobabit together, after the ceremony of marriage has been performed, is thus called.
2. The marriage, when otherwise legal, is complete without this; for it is a maxim1 of law, borrowed from the civil, law, that consensus2, non concubitus, facit nuptias. Co. Litt. 33; Dig. 50, 17, 30; 1 Black. Com. 434.
CONTAGIOUS3 DISORDERS4, police, crim. law. Diseases which are capable of being transmitted by mediate5 or immediate6 contact.
2. Unlawfully and injuriously to expose persons infected with the smallpox8 or other contagious disease in the public streets where persons are passing, or near the habitations of others, to their great danger, is indictable at common law. 1 Russ. Cr. 114. Lord Hale seems to doubt whether if a person infected with the plague, should go abroad with intent to infect another, and another should be infected and die, it would not be murder; and he thinks it clear that though there should be no such intent, yet if another should be infected, it would be a great misdemeanor. 1 Pl. Cor. 422. Vide 4 M. & S. 73, 272; Dane's Ab. h. t.
CONTEMPORANEOUS EXPOSITION. The construction of a law, made shortly after its enactment9, when the reasons for its passage were then fresh in the minds of the judges, is considered as of great weight: contemporanea expositio est optima et fortissima in lege. 1 Cranch, 299.
CONTEMPT, crim. law. A wilful10 disregard or disobedience of a public authoritoy.
2. By the Constitution of the United States, each house of congress may determine the rules of its proceeding's, punish its members for disorderly behaviour, and, with the concurrence11 of two-thirds, expel a member. The same provision is substantially contained in the constitutions of the several states.
3. The power to make rules carries that of enforcing them, and to attach persons who violate them, and punish them for contempts. This power of punishing for contempts, is confined to punishment during the session of the legislature, and cannot extend beyond it; 6 Wheat. R. 204, 230, 231 and, it seems this power cannot be exerted beyond imprisonment12.
4. Courts of justice have an inherent power to punish all persons for contempt of their rules and orders, for disobedience of their process, and for disturbing them in their proceedings13. Bac. Ab. Courts and their jurisdiction14 in general, E; Rolle's Ab. 219; 8 Co. 38 11 Co. 43 b.; 8 Shepl. 550; 5 Ired. R. 199.
5. In some states, as in Pennsylvania, the power to punish for contempts is restricted to offences committed by the officers of the court, or in its presence, or in disobedience of its mandates15, orders, or rules; but no one is guilty of a contempt for any publication made or act done out of court, which is not in violation16 of such lawful7 rules or orders, or disobedience of its process. Similar provisions, limiting the power of the courts of the United States to punish for contempts, are incorporated in the Act March 2, 1831. 4 Sharsw. cont. of Stor. L. U. S. 2256. See Oswald's Case, 4 Lloyd's Debates, 141,. et seq.
6. When a person is in prison for a contempt, it has been decided17 in New York that he cannot be discharged by another judge, when brought before him on a habeas corpus; and, according to Chancellor18 Kent, 3 Com. 27, it belongs exclusively to the court offended to judge of contempts, and what amounts to them; and no other court or judge can, or ought to undertake, in a collateral19 way, to question or review an adjudication of a contempt made by another competent jurisdiction. This way be considered as the establisbed doctrine20 equally in England as in this country. 3 Wils. 188 14 East, R. 12 Bay, R. 182 6 Wheat. R. 204 7 Wheat. R. 38; 1 Breese, R. 266 1 J. J. Marsh21. 575; Charlt. R. 136; 1 Blackf. 1669 Johns. 395 6 John. 337.
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