In case any person shall commit any misbehavior or contempt in any court of judicature in this State, by word or gesture, the judges of such court may set a fine on such offender in any sum not exceeding fifty dollars, for the use of this State, and may commit the offender till payment. But if any person shall in the presence and during the sitting of the court strike or use any violence therein, such person shall be fined at the discretion of the court and shall be committed till payment; provided, that no citizen of this State shall be sent to jail for any contempt of court or supposed contempt of court, committed during the sitting of the court and in disturbance of the court, until he be brought before the court and there be heard by himself or counsel or shall stand mute.
HISTORY: 1962 Code Section 15-12; 1952 Code Section 15-12; 1942 Code Section 339; 1932 Code Section 339; Civ. P. '22 Section 295; Civ. C. '12 Section 3928; Civ. C. '02 Section 2825; G. S. 2172; R. S. 2301; 1731 (3) 283; 1811 (5) 642.