Section 758. Notice to delinquent officer to show cause  


Latest version.
  • Where it is
      prescribed by law, or by the rules of civil practice, that a notice  may
      be  served  in  behalf  of  a  party,  upon  a  sheriff or other person,
      requiring him to return a mandate, delivered to him, or to  show  cause,
      at  a  term  of  a  court,  why  he  should  not  be punished, or why an
      attachment should not be issued against  him,  for  a  contempt  of  the
      court; the party, in whose behalf the notice is served, may, at the time
      specified  therein,  file  with  the clerk, proof, by affidavit or other
      written evidence, of the delivery of the mandate to the accused; of  the
      default  or  other act, upon the occurrence of which, he was entitled to
      serve the notice; of the service of the notice; and of  the  failure  to
      comply  therewith.  Thereupon  the proceedings are the same, as where an
      order to show cause is made, and it, and a copy of the  affidavits  upon
      which it is granted, are served upon the accused.