of not guilty be entered for him before his
trial proceeds;[96] and in ruling that if the accused is in custody he
must be personally present at every stage of the trial where his
substantial rights may be affected by the proceedings against him.[97]
It is not within the power of the accused or his attorney to waive such
right. Inasmuch as proceedings for criminal contempt do not constitute a
criminal prosecution, it is immaterial if proceedings are held in the
absence of the defendant; the requirement of due process of law is
satisfied by suitable notice and opportunity to be heard.[98]

NOTICE AND HEARING

Due process of law signifies a right to be heard. A decree _pro
confesso_ entered against a defendant after striking his answer from the
files for contempt of court is void.[99] A man may, however, consent to
be bound by a judgment in a case in which he has no right to
participate.[100] Accordingly, due process of law was held not to be
denied to a surety on an undertaking for the release of attached
property when the undertaking required the parties to submit to the
jurisdiction of the court and to agree to abide by the judgment in
relation to the property attached.[101] Where, in a suit for specific
performance of a contract, evidence admitted without objection at the
trial established all the facts necessary for application of the
formula specified by the contract, the appellate court which rejected
the trial court's interpretation of the contract did not infringe the
right to a hearing by entering judgment without remanding the case for a
new trial.[102] After a State court, in proceedings designed _inter
alia_ to invalidate certain releases, rendered judgment without a
special finding on the exact point, a federal court did not deny due
process in a subsequent proceeding by treating such judgment as
conclusive on the validity of the releases.[103] Since proceedings in
bankruptcy are in the nature of proceedings _in rem_, personal notice to
creditors is not required; creditors are bound by the proceedings in
distribution on notice by publication and mail.[104] Where a statute
providing for a public improvement levied an assessment against abutting
property it was held to be "conclusive alike of the question of the
necessity of the work and of the benefits as against abutting
property."[105] Notice to the property owner is not necessary to sustain
the assessment. On the other hand, when the legislature submits