sale, after deducting his own fees, pay to the distrainer, the amount of the damage certified, the expense of the notice and also all other expense, that may have been reasonably incurred in the safe keeping and preservation of the property, to be ascertained and certified by the county judge, or by a justice of the peace of the county, and the balance, if any, pay to the owner of the property; or if he be unknown, to the county treasurer for the owner, to be paid to him upon the order of the county court upon making application and proof of property. § 1463. If upon such application, the court entertain a doubt of the ownership of the property, it may, before ordering the payment, require the claimant to execute an undertaking, with sureties to be approved by the court, to the effect, that he will pay the amount established to any person who, in an action on such undertaking, commenced within two years from its date, shall establish his right to such balance, or any part thereof; and any person claiming such balance, or any part thereof, may prosecute the undertaking. CHAPTER VI. GENERAL PROVISIONS. SECTION 1464. Notice of sale and appraisement, when no special provision made. 1465. Papers to be filed thereupon. 1466. Proceeds, how paid. § 1464. When an officer is authorized by statute to distrain property for any purpose whatever, and no special provision is otherwise made, he must give at least six days' notice of the sale of the property, by posting the same in three public places, of the town where the sale is to be made; and he must, also, before making the sale, require three disinterested freeholders of the town to appraise the property distrained, and they must thereupon make the appraisal on oath, and certify it with an inventory of the property. § 1465. Within ten days after the sale, the officer making it must file with the clerk of the town or city where it was made: 1. His own affidavit, specifying the cause of the distress and the amount of the penalty, tax, duty, or other sum for which it was made : 2. Proof by affidavit of the requisite notice: 3. The inventory and certificate of the appraisers : Which papers thus filed are primary evidence of the facts therein stated. The officer failing to comply with this section, within the time therein required, forfeits twenty-five dollars to the owner of the property sold besides the damage sustained by him in consequence of the failure. § 1466. Out of the proceeds of the sale, the officer may retain the reasonable expense of the appraisal, certificate, notice, affidavits and filing, to be certified by a judge or justice, and the balance, after satisfying the penalty, tax, duty or other sum for which the same was made, must be disposed of as provided in section 1462. TITLE IV. OF THE PUNISHMENT OF CONTEMPTS. SECTION 1467. Contempts defined. 1468. What courts and judicial officer s may punish. 1471. If party imprisoned, he may be brought up. 1482. If party fail to appear, another warrant to issue. 1483. Illness an excuse for not producing party. § 1467. The following acts, or omissions, in respect to a court of justice, or proceedings therein, are deemed to be contempts of the authority of the court: 1. Disorderly, contemptuous or insolent behaviour toward the judge while holding the court, tending to interrupt the due course of a trial, or other judicial proceeding: 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding: 3. Misbehavior in office, or other wilful neglect or violation of duty, by an attorney, counsel, clerk, sheriff, coroner or other person appointed or selected to perform a judicial or ministerial service: 5. Deceit, or abuse of the process or proceedings of the court, by a party to an action or special proceeding: 6. Disobedience of any lawful judgment, order or process of the court: 7. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority: 8. Rescuing any person or property, in the custody of an officer by virtue of an order or process of such court: 9. Unlawfully detaining a witness or party to an action, while going to, remaining at, or returning from the court, where the action is on the calendar for trial; 10. Any other unlawful interference with the process or proceedings of a court; 11. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness; 12. When summoned as a juror in a court, improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court; 13. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding, contrary to law, after such action or special proceeding shall have been removed from the jurisdiction of such inferior tribunal, magistrate, or officer. Disobedience of the lawful order or process of a judicial officer, made in the cases specified in section 228, is also deemed to be a contempt of the authority of such officer. 2 R. S., 278, § 10, 15; 534, § 1—37. § 1468. Every court of justice, except a court of conciliation, and every judicial officer, has power to punish contempts by fine or imprisonment, or both. But when the contempt, is not one of those mentioned in the first or second sub-divisions of the last section, or in the first sub-division of section 228, it must appear that the right or remedy of a party to an action, or special proceeding, was defeated or prejudiced thereby, before the contempt can be punished by imprisonment, or by a fine exceeding fifty dollars. Contempts of justices' courts are punishable in the manner provided by sections 1150, 1151, 1152, 1153 and 1154. § 1469. When a contempt is committed in the immediate view and presence of the court or officer, it may be punished summarily, for which an order must be made reciting the facts as occuring in such immediate view, and presence, adjudging that the person proceeded against, is thereby guilty of a contempt, and that that he be punished as therein prescribed. Such punishment, however, cannot exceed that prescribed by section 1478. Where the contempt is not committed in the immediate view and presence of the court, an affidavit must be presented to the court, or officer, of the facts constituting the contempt. § 1470. In cases, other than those mentioned in the last section, the court or officer may either issue a warrant of arrest, to bring the person charged to answer, or without a previous arrest, may, upon notice |