202; Ex parte Robins, 63-319; Ex parte Schenck, 65-353; State v. Mott, 49-449; State v. Woodfin, 27-199-of clerk superior court, In re Scarborough, 139-423; In re Brinson, 73-278-of mayor of town, Scott v. Fishblate, 117-265; State v. Aiken, 113-651; In re Deaton, 105-59.

Contempt committed before referee punished by court ordering reference: LaFontaine v. Underwriters, 83-132. Contempt before commissioner punished by court appointing same: Fertilizer Co. v. Taylor, 112141.

943. Order to show cause when not committed in presence of court. Whenever the contempt shall not have been committed in the immediate presence of the court, or so near as to interrupt its business, proceedings thereupon shall be by an order directing the offender to appear, within reasonable time, and show cause why he should not be attached for contempt. At the time specified in the order, the person charged with the contempt may appear and answer, and, if he fail to appear and show good cause why he should not be attached for the contempt charged, he shall be punished as provided in this chapter.

Code, s. 653. Procedure under this section: Ex parte McCown, 139122; Bristol v. Pearson, 109-718; In re Deaton, 105-62; In re Davis, 81-72. Where answer negatives under oath intentional contempt, rule discharged: In re Robinson, 117-533; Kron v. Smith, 96-386; Boyett v. Vaughan, 8927; Baker v. Cordon, 86-120; In re Walker, 82-95; Ex parte Biggs, 64217; In re Moore, 63-398-but where it is in the power of party to obey order of court he can not purge himself of contempt by answer disclaiming intention to commit: Herring v. Pugh, 126-852; see Smith v. Smith, 92-304. Inability to comply with order of court, when made to appear, discharges rule: Boyett v. Vaughan, 89-27; Pain v. Pain, 80-325; Kane v. Haywood, 66-1.

Where tax is up to full constitutional limit, county commmissioners are not in contempt for failure to pay debt as ordered: Cromartie v. Comrs., 87-134. Sufficiency of return of respondent to rule in order that it be discharged: Smith v. Smith, 92-304.

944. What constitutes offense punished as for contempt. Every court of record shall have power to punish as for contempt, when the act complained of was such as tended to defeat, impair, impede, or prejudice the rights or remedies of a party to an action then pending in court

Proceedings should be based on affidavits: In re Odum, 133-250; In re Deaton, 105-59. Failure to base proceedings on affidavits is waived by contemnor being and making answer to rule: In re Odum, 133-250. Judge must find facts and file same: Ibid. Disavowal of imputed intent relieves respondent only when intention is gravamen of offense: In re Gorham, 129-489; In re Young, 137-552. Respondent has no right to jury trial: In re Gorham, 129-481-and no right to have findings of fact of judge,

there being evidence, reviewed on appeal: In re Young, 137-552; In re Gorham, 129-481. Proceedings as for contempt apply only to civil actions, except subsections 4, 5 and 6: In re Deaton, 105-59.

1. Any clerk, sheriff, register, solicitor, attorney, counsellor, coroner, constable, referee, or any other person in any manner selected or appointed to perform any ministerial or judicial service, for any neglect or violation of duty or any misconduct by which the rights or remedies of any party in a cause or matter pending in such court may be defeated, impaired, delayed or prejudiced for disobedience. of any lawful order of any court or judge, or any deceit or abuse of any process or order of any such court or judge.

2. Parties to suits, attorneys, and all other persons for the nonpayment of any sum of money ordered by such court, in cases where execution can not be awarded for the collection of the same.

3. All persons for assuming to be officers, attorneys or counsellors of the court, and acting as such without authority, for receiving any property or person which may be in custody of any officer by virtue. of any order or process of the court, for unlawfully detaining any witness or party to any suit, while going to, remaining at, or returning from the court where the same may be set for trial, or for the unlawful interference with the proceedings in any action.

Unlawful interference with proceedings by party: In re Young, 137 552; In re Odum, 133-250; In re Oldham, 89-23-by attorney, In re Gorham, 129-481.

4. All persons summoned as witnesses in refusing or neglecting 'to obey such summons to attend, be sworn, or answer, as such witness. Witness refusing to answer question before commissioner: Fertilizer Co. v. Taylor, 112-141.

5. Parties summoned as jurors for impropriety, conversing with parties or others in relation to an action to be tried at such court or receiving communication therefrom.

Juror conversing with party: In re Odum, 133-251; In re Gorham, 129489.

6. All inferior magistrates, officers and tribunals for disobedience of any lawful order of the court, or for proceeding in any matter or cause contrary to law, after the same shall have been removed from their jurisdiction.

7. All other cases where attachments and proceedings as for contempt have been heretofore adopted and practiced in courts of record in this state to enforce the civil remedies or protect the rights of any party to an action.

Right of court to punish under this section: Cromartie v. Comrs., 85215. Any person disobeying order of court, guilty, see section 684. Code, ss. 654, 656.

945. Proceedings as for contempt, how prosecuted. Proceedings

as for contempt shall be prosecuted and carried on, as provided in provisional remedies.

Code, s. 655.

1215 et seq.

For refusal to produce books of corporations, see sections

946. Construed to be in fee, when. When real estate shall be conveyed to any person, the same shall be held and construed to be a conveyance in fee, whether the word "heirs" shall be used or not, unless such conveyance shall, in plain and express words, show, or it shall be plainly intended by the conveyance or some part thereof, that the grantor meant to convey an estate of less dignity.

Code, s. 1280; 1879, c. 148. Deed and registry of conveyance destroyed, presumed to convey fee-simple, see section 1602.

This section provides same rule of construction for deeds as for devises: Vickers v. Leigh, 104-257. Word "heirs" not necessary to create fee: Gray v. Hawkins, 133-5; Jarvis v. Davis, 99-40-and conveyances without word "heirs" construed to be in fee, Fulbright v. Yoder, 113457; Starnes v. Hill, 112-25-unless contrary intention plainly appears, Fulbright v. Yoder, 113-457.

AS TO CONVEYANCES PRIOR TO THIS ENACTMENT. The word "heirs' indispensable to convey fee: Smith v. Proctor, 139-314; Allen v. Baskerville, 123-127; Ray v. Comrs., 110-171; Batchelor v. Whitaker, 88350; Stell v. Barham, 87-66; Register v. Rowell, 48-312; Snell v. Young, 25-379; Wiggs v. Saunders, 20-618; Roberts v. Forsythe, 14-26-exempt in devises and equitable estates where clear intent to pass fee, Smith v. Proctor, 139-314 and cases cited; Vickers v. Leigh, 104-248; Holmes v. Holmes, 86-205. For cases wherein question arises as to whether word "heirs' is so located in deed as to comply with rule creating fee simple, see Smith v. Proctor, 139-314; Mitchell v. Mitchell, 108-542; Anderson v. Logan, 105-266; Winborne v. Downing, 105-20; Staton v. Mullis, 92-623; Graybeal v. Davis, 95-508; Hicks v. Bullock, 96-164; Bunn v. Wells, 94-67; Ricks v. Pulliam, 94-225; Stell v. Barham, 87-62; Phillips v. Thompson, 73-543; Phillips v. Davis, 69-117; Waugh v. Miller, 75-127; Allen v. Bowen, 74-155; Armfield v. Walker, 27-580. Intention of grantor to be considered in interpretation: Smith v. Proctor, 139-314; Fulbright v. Yoder, 113-456; Vickers v. Leigh, 104-248; Hicks v. Bullock, 96-164; Ricks v. Pulliam, 94225; Winborne v. Downing, 105-20; Bunn v. Wells, 94-67. For cases where no words of inheritance but deed or will shows on its face intention to

convey fee, and it is sought to show that word of inheritance omitted by mistake, see Anderson v. Logan, 105-266.

This section merely referred to in Griffin v. Thomas, 128-317; Jenkins v. Daniels, 125-170.

947. Attornment unnecessary, conveyance of reversions, etc. Every conveyance of any rent, reversion, or remainder in lands, tenements or hereditaments, otherwise sufficient, shall be deemed complete without attornment by the holders of particular estates in said lands: Provided, no holder of a particular estate shall be prejudiced by any act done by him as holding under his grantor, without notice of such conveyance.

Code, s. 1764; 4 Anne, c. 16, s. 9; 1868-9, c. 156, s. 17.

948. Vagueness of description. No deed or other writing purporting to convey land or an interest in land shall be declared void for vagueness in the description of the thing intended to be granted by reason of the use of the word "adjoining" instead of the words "bounded by," or for the reason that the boundaries given do not go entirely around the land described: Provided, it can be made to appear to the satisfaction of the jury that the grantor owned at the time of the execution of such deed or paper-writing no other land which at all corresponded to the description contained in such deed or paper-writing.

1891, c. 465, s. 2. For vagueness of description in pleadings, see section 1605. Section does not act retrospectively: Hemphill v. Annis, 119514-but if it did word "description" used therein imports such description as can be aided by parol proof, Ibid. A deed failing to describe land is as void as it was prior to this enactment: Moore v. Fowle, 139-53.

949. Conveyances to slaves. Whenever it is made to appear that any gift or conveyance has been made to any person, while a slave, of any lands or tenements, whether the same shall have been conveyed by deed or parol, and the bargainee or donee has been placed into actual possession of the same, then and in that case such gift or conveyance shall have the force and effect of transferring the legal title to the said lands and tenements to such bargainee or donee: Provided, such possession shall have continued for the term of ten years prior to the ninth day of March, one thousand eight hundred and seventy: Provided further, that any absence from the premises from the first day of May, one thousand eight hundred and sixty-one, to the first day of January, one thousand eight hundred and sixty-six, shall not be held as an abandonment or discontinuance of the possession: Provided also, that this section shall not affect the interest of a bona fide purchaser for value from the grantor or bargainor of the lands or tenements in dispute.

Code, s. 1278; 1869-70, c. 77. Section not applicable to case where person having no title himself made parol conveyance of land to slave and put slave in possession more than ten years prior to passage of section: Buie v. Carver, 75-559-but section only applies to cases where alleged donor or vendor had title himself, Ibid. See Jervis v. Lewellyn, 130-617; McCanless v. Reynolds, 74-301.

949a. Conveyances by certain officers where seal not affixed validated. Any deed executed prior to the first day of January, one thousand eight hundred and ninety-five, by any sheriff, commissioner or other officer authorized to execute a deed, by virtue of his office or appointment, and said sheriff, commissioner or other officer shall have omitted to affix a seal after his signature, the said deed shall be good and valid, notwithstanding that the seal has been omitted: Provided, said deed be sufficient in other respects to pass the title to the land therein described.

1907, c. 807.

II. OFFICER NOT IN OFFICE.

950. Executed by ex-officer, when. Whenever any sheriff, coroner, constable or tax collector by virtue of his office shall have sold any real or personal estate, and shall go out of office before executing a proper conveyance therefor, he may execute the same after his term of office shall have expired.

Code, s. 1267; R. C., c. 37, s. 30. Tax deed may be executed by exsheriff hereunder: Mfg. Co. v. Rosey, 144-370. This section gives no power to ex-clerks to execute deeds: Shew v. Call, 119-450.

Recitals in sheriff's deed are prima facie evidence of sale and execution, and rule not varied by fact that deed was made by sheriff after he had gone out of office when recitals correspond with return upon execution made while in possession of office: Curlee v. Smith, 91-172.

Section merely referred to in Stewart v. Pergusson, 133-284; Millsaps v. McCormick, 71-533.

951. Executed by successor, when. Whenever any sheriff, coroner, constable or tax collector, by virtue of his office shall have sold any real or personal estate, and such officer shall die or remove from the state before executing a proper conveyance therefor, or whenever a sheriff or tax collector shall die having a tax list in his hands for collection, and his personal representative or surety, in collecting such taxes, shall make sale according to law, his successor in such office shall execute conveyances for the property so sold to the person entitled.

Code, s. 1267; 1891, c. 242. See also section 2905. Deed made by succeeding sheriff or coroner operates to pass title to what was sold: Edwards

32