英文法律词典 C-103

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.