tachments in civil actions, and be governed in all respects thereby. [70 v. 114, 22 16, 17, 18.] 25634. Service by publication. Upon the return of the order of attachment, service may be had by the publication, for six consecutive weeks, in some newspaper of general circulation in the county wherein the cause is pending, of a notice of the pendency of the proceeding, stating the object thereof, the substance of the complaint, and that an order of attachment has been issued and served therein; and in such case, copies of the complaint and order of attachment, with the return thereon, shall forthwith be deposited in the post-office, directed to the accused at his place of residence, unless it be made to appear to the court, by affidavit or otherwise, that such residence is unknown to the complainant, and could not, with reasonable diligence, be ascertained by her. [70 v. 114, ? 19.] 5635. Personal service of copies of complaint when residence of defendant known. If the defendant's place of residence is known, personal service of certified copies of the complaint and order of attachment, with the returns thereon, may be made at complainant's election, instead of service by publication; and the cause may be heard and determined at any time after the expiration of six weeks from the time of personal service, or the first publication of the notice provided for in the last section. [70 v. 115, ? 19.] 25636. Order of court with respect to attached property. If, upon such trial, the accused be adjudged to be the reputed father of the child, the court shall order that unless the defendant, within a day to be fixed by the court, pay the sum adjudged against him, with costs of prosecution, so much of the property remaining in the hands of the officer, after applying the money arising from the sale of perishable property, and so much of the personal property, and lands and tenements, if any, as may be necessary to satisfy such order, be sold, under the same restrictions and regulations as if the same had been levied on by execution; the money arising therefrom, with the amount that may be recovered from the garnishee, shall be subject to the order and control of the court, and be applied to satisfy such order in such sums and at such times as the court may order and direct; if there be not enough to satisfy the same, the order of the court shall stand, and execution may issue thereon for the residue, in all respects as in judgments at law; and any surplus of attached property, or its proceeds, shall be returned to the defendant. [70 v. 115, ? 22.] 25637. Provision for prosecution of suits by persons interested in support of child. When a woman has a bastard child, and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute it to final judgment, the trustees of a township, or treasurer of a municipal corporation, interested in the support of such bastard child, or the directors of a county infirmary in which she becomes a charge, may, when sufficient security is not offered to save such county, township, or municipal corporation from expense, make complaint in behalf of such county, township, or municipal corporation, against him who is accused of begetting such child, or may take up and prosecute a complaint begun by the mother of such child. [70 v. 112, 3.] 5638. Who may recover on bond given in bastardy proceeding. The directors of the infirmary of a county, the trustees of a township, or the treasurer of a municipal corporation, in which a bastard child becomes a charge, may sue and recover upon any bond given to the state of Ohio in any proceeding against the reputed father of such bastard child; and the provisions of this chapter, and all the remedies herein allowed, shall apply to all classes [cases] in which the infirmary directors, trustees of townships, or treasurers of municipal corporations, are authorized to commence or prosecute a complaint against the reputed father of an illegitimate child. [70 v. 115, 23.] When such recognizances are forfeited the full amount of the penalty, with interest from the date of forfeiture, may be recovered without averring any loss or damage sustained by the mother of the child or the township where it was born, 23 O. S. 320; 29 O. S. 452. CHAPTER IV. CONTEMPTS OF COURT. 5639. What contempts may be punished summarily. A court, or judge at chambers, may punish, summarily, a person guilty of misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice. [32 v. 17, ? 1; S. & C. 258.] W. 78, 421; 19 Bull 181, 302; 21 Id. 404; 46 O. S. ―; 3 C. C. R. 263, 383. 25640. What acts are contempts of court. A person guilty of any of the following acts may be punished as for a contempt: 1. Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment, or command of a court or an officer. 2. Misbehavior of an officer of the court in the performance of his official duties, or in his official transactions. 3. A failure to obey a subpoena duly served, or a refusal to be sworn, or to answer as a witness, when lawfully required. 4. The rescue, or attempted rescue, of a person or of property in the custody of an officer by virtue of an order or process of court held by him. 5. A failure upon the part of a person recognized to appear as a witness in any court, to appear in compliance, with the terms of his recognizance. [32 v. 17, ? 1.] Refusal to pay alimony, 3 C. C. R. 419; of witness to answer question, Id. 263. Refusal to abate nuisance, 32 O. S. 276; to submit to non-suit, W. 334; of excluded witness to withdraw, 39 O. S. 73. Attorney signing appeal bond in violation of rule of court, 6 O. 428; interfering with receiver without leave of court, 2 D.366; 1 C. S. C. R. 188; 10 O. S. 372; fraudulent interference with files of court, 11 O. S. 681 (1 Cur. 122); misbehavior of officer in charge of jury, 100. 459; refusing to make return to writ of habeas corpus, 1 W. L. J. 168. Mandate requires lower court to punish contempt for disobedience, 41 O. S. 401. Defendant can not be imprisoned for contempt for failure to pay money as decreed or ordered, unless his conduct in refusing to obey is fraudulent, 6 O. S. 254, 262; nor where person having possession of the money claims to own it, 42 O. S. 109, 112. 25641. When accused entitled to be heard. In cases under the last section, a charge in writing shall be filed with the clerk, an entry thereof made upon the journal, and an opportunity given to the accused to be heard, by himself or counsel; but this section shall not be so construed as to prevent the court from issuing process to bring the accused party into court, or from holding him in custody, pending such proceedings. [75 v. 745, 23.] 9 O. S. 338 (1 Cur. 122). 25642. Right of accused to bail. In proceedings under the second section [5640], if the writ is not returnable forthwith, the court may fix the amount of an undertaking to be given by the accused, with surety to the satisfaction of the sheriff; and upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of an undertaking to be given, with surety to the satisfaction of the clerk, for the appearance of the accused to answer the charge. [75 v. 746, 4.] 25643. Bail bond to be given to satisfaction of clerk. Upon the execution of such undertaking, with surety to the satisfaction of the sheriff or clerk, the accused shall be released from custody. [75 v. 746, 2 5.] 2 5644. Trial by the court. Upon the day fixed for the trial the court shall proceed to investigate the charge, and shall hear any answer or testimony which the accused may make or offer. [75 v. 746, 2 6.] 25645. Punishment if found guilty. The court shall then determine whether the accused is guilty of the contempt charged; and if it be adjudged that he is guilty, he may be fined not exceeding five hundred dollars, or imprisoned not more than ten days, or both. [75 v. 746, % 7.] 25646. Imprisonment until order obeyed. When the contempt consists in the omission to do an act which is yet in the power of the accused to perform, he may be imprisoned until he performs it. [75 v. 746, 2 8.] 5647. Proceedings when party released on bail fails to appear. If the party be released on bail, and fail to appear upon the day named, the court may issue another order of arrest, or may order the undertaking for his appearance to be prosecuted, or both; and if the undertaking be prosecuted, the measure of damages in the action shall be the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted, and the costs of the proceeding, and such recovery shall be for the benefit of the party injured. [75 v.746, 2 9.] 5648. Right of court who committed prisoner to release him. When a person is committed to jail for contempt, the court or judge who made the order may discharge him from imprisonment when it appears that the public interest will not suffer thereby. [75 v. 746, % 10.] 25649. Judgment final. The judgment and orders of a court or officer made in cases of contempt may be reviewed on error; but proceedings in error therein shall not suspend execution of the order or judgment until there is filed by the person in contempt, in the court rendering the judgment, or in the court or before the officer making the order, an undertaking payable to the state of Ohio, with sureties to the acceptance of the clerk of that court, in an amount fixed by the reviewing court, or a judge thereof, conditioned that if judgment be given against him, he will abide and perform the order or judgment. [75 v. 746, ? 11.] Commitment a final order, 2 W. L. G. 193. Not appealable, 3 Bull 433. Reviewable on error, 21 Bull 404. Bond, see 3 C. C. R. 383. ? 5650. When the provisions of this chapter apply. This chapter is not cumulative to the provisions of division three, chapter three, of this title, nor of chapter five, title three, of this part, but furnishes a remedy in cases not thereby provided for. [75 v. 746, 2 12.] CHAPTER V. DISSOLUTION OF CORPORATIONS. 225651-5688 inclusive. CHAPTER VI. DIVORCE AND ALIMONY. 25689. For what causes divorce may be granted. Courts of common pleas may grant divorces for the following causes : 1. That either party had a husband or wife living at the time of the marriage from which the divorce is sought. 2. Willful absence of either party from the other for three years. 3. Adultery. 4. Impotency. 5. Extreme cruelty. 6. Fraudulent contract. 7. Any gross neglect of duty. 8. Habitual drunkenness for three years. 9. The imprisonment of either party in a penitentiary |