1. Appeal and Error (§ 515*) — Records—Diminution—Evidence.

Where, on appeal from an order adjudging petitioner guilty of contempt for appearing in the United States Court for China, wherein hollad not been admitted to practice, the transcript showed that he appeared and testified that he had been admitted to practice before the United States Supreme Court, before the courts of record of the state of Now York, and before the United States Consular Court at Shanghai, and that the judgment was based solely on the fact that he had not complied with the rule of the United States Court for China relating to the admission of attorneys, it was not material that the record should also contain copies of petitioner’s certificate of admission before the United States Supreme Court, ihe courts of record of New York, and the Consular Court at Shanghai.

I Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2322; Dec. Dig. § 515.*]

2. Appeal and Error (§ 493*) — Record—Contents—Citation—Service.

Where, on appeal from an order adjudging petitioner guilty of contempt, the transcript showed that the petitioner appeared and waived citation, it was not material that it should also show that no citation was issued, and that, petitioner demanded a copy of the alleged citation.

[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2284 • Dec. Dig. § 493.*]

3. Appeal and Error (§ 496*) — Record—Contents.

Where, on appeal from an order adjudging petitioner guilty of contempt in appearing as attorney for E. in the United States Court for China, the record showed that while E.’s statement made on August 22, 1907, was not under oath, he was sworn on August 26, 1907, in open court, and testified that he had read the transcript of his prior testimony, and that it. was true with certain immaterial exceptions, petitioner was not entilled to have the record show that E. was examined without having first been sworn.

[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2288, 2292; Dee. Dig. § 496.*]

4. -Appeal and Error (§ 496*) — Record—Contents.

Where, on appeal from an order adjudging petitioner guilty of contempt in appearing as attorney for E., petitioner did not allege that he had ever demanded permission to inspect the testimony of E. or to cross-examine him as to his statements, or that the record of the trial court indicated any such request, petitioner was not entitled to have the appeal record show that E. made his statement in the private rooms of the judge, and that the statement was thereafter sworn to by E. in open court, and without being read, and without any opportunity afforded petitioner to know its contents, or to examine said E. on the same.

[Ed. Note. — For other eases, see Appeal and Error, Cent. Dig. §§ 2288. 2292; Dec. Dig. § 496.*]

5. Contempt (§ 63*) — Judgment—Modification—Second Judgment.

Where, in a contempt proceeding, the first judgment did not embrace the alternativo of imprisonment in case the fine imposed was not paid, the court had power to enter a second judgment containing such alternative as its final judgment to take the place of the first.

[Ed. Note. — For other cases, see Contempt, Cent. Dig. § 201; Dec. Dig. § 63.*

Liability of attorneys, see note to Anderson v. Comptois, 48 O. C. A. 7.1