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AN ACT to wteUfafa jpowto, and preicribe their pow.
en aad toikCntinti.
128. Arrests of judgment, and new tri
als, when moved for by the defendant, may
bo allowed by tho court. In such cases the
tame rules as are pursued in civil cases shall
be followed as nearly an practicable.
$ 139. No judgment shall be arrested, re.
vised, or in any way affected, in consequence
of any defect in the indictment, which might
havo been amended, or to which a plea in
abatement would have lain upon the trial.
180. A copy of tho indictment, together
with a minute of the acquittal or conviction,
and the judgment or sentence of the court
thereon, the whole duly certified by the clerk
of the proper court under his seal of office,
shall be evidence, in all courts, and places,
of such conviction or acquittal.
ilSl. Where, incase of conviction upon
otment, a pecuniary fine constitutes any
portion of the sentence, the court may direct
the defendant to stand committed until the
fine is paid, or the fine may be collected by
execution as in civil cases.
183. Where any latitude is left as to the
amount of punishment for any offence, the
jury who try tho offender shall in allcases
fix the amount of punishment ; auwnore,
from inadvertence, a point material to the
prosecution or defence of a cause has been
omitted to be proved, the court may direct
witnesses to be called to prove thnt point, at
any time before the jury retire to consider
$ 133. The court0 may allow the jury to
separate for the purpose of obtaining sleep
and refreshment, having first charged them
to hold no conversation relative to the pend.
134. Offenders Who are found guilty shall
be liable for all the costs of the trial, including
the fees of the witnesses on the part of the
prosecution. And where the prosecution fails,
the costs, including the fees of the defendant's
witnesses, shall be paid by the county. The
witnesses in these cases shall prove their at
tendance, and obtain from the clerk of the
court a certificate thereof, and the amount of
compensation due them, which shall be al.
lowed by the court.
1. A court to be styled the "Criminal
Court," shall bo held at Oregon City, on the
second Mondays of June and September an
nually, for the trial of indictments, found in
the county courts, for crimes and misde
meanors, the punishment of which is cor
poreal,-or by fine exceeding one hundred
2.. The judge of tho supreme court shall
boox-officio judge of the criminal court; and
shall receive the sum of two hundred dollars
annually, to be paid in quarterly payments,
as a full compensation for his services.
8. It shall be the duty of the clerk of the
criminal court forthwith after the filing of in
dictments in his office, as required in the 83d
section of the law on county courts, to issuo
his writs thereon directed to the marshal of
4. Call sessions may be held at any time
for the trial of criminals in confinement; at
least ten days previous notice tl ereof shall
bo given by the judge to the protecuting at.
torney, and to the criminal or criminals to be
tried at such session. .
1. The supreme court, in addition to the
powers confered by the articles of compact,
shall havo power to direct tho form of writs
and process, and of directing inferior courts
in all things, relative to their duties.
2. The sessions of the supreme court
shall be hold at Oregon City, until otherwise
I, John E. Low, Secretary of Oregon Territory,
do hereby certify that the foregoing " Act to eeUbUah
ooarti, aad prescribe their powers and dutiee," ia an ae
ornately printed copy from tho original, truly and cor
rectly revised by me, aad' now on file in my office.
J. E. LONG, Secretary.
COSTS AND FEES.
An act concerning cost aad fees.
$ 1. Hereafter the fess for recording any
deed, mortgage, or other Instrument requir
ed to be recorded, shall be paid at the time
of presentment for record, it required by the
reoorder ; and all fees shall be paid by the
party requiring the services, on tho name be.
nig rendered, and the bill of particulars pre
sented, if require? and for all services re.
quired to be performed bylaw, and not here
in enumerated, tho offioer performing the
same shall be allowed such reasonable foes
m the supreme or county courts may tax
& 3. That in all civil cases at law, unless
otherwise provided, the party in whose favor
judgment w given shall recover costs, and
the supreme court, county courts, and jus.
ticcs courts respectively, may give or refuse
costs at their discretion upon all motions.
3. In all prosecutions in tho name of
uregon lerniurv, ur ui an inuivimwi, iur uiu
breach of any law of this territory; v.horo
judgment is rendered against tho defendant,
such defendant shall be liable for costs.
4. When any prosecution, instituted in
the name of tho territory of Oregon, or of in
dividuals, for breaking any laws of this ter
ritory, shall fail, tho court shall dotorminc,
from the circumstances of the case, whether
tho prosecutor, tho county, or the territory,
shall pay the costs ; and where tho defen
dant snail prove insolvent, escape, or be un
able to pay the fees when convicted, the fees
shall bo paid out of Jho territorial treasury.
B. In all cases where an officer in tho
execution of his office, shall bo required to
write or set up an advertisement, such officer
shall be allowed therefor (if not otherwise
provided) twenty-five cents each; and if any
advertisement is required to bo published in
a newspaper, the money thorefor shall be
paid by tho party, and taxed in the bill of
6. Every officer, whoso fees aro herein
ascertained, limited, and appointed, shall
publish and set up in his office fair tables of
Ins tees, according to this act, within six
months after tho passage thereof, in some
conspicuous part, for the inspection of all
persons who have business in such office, up
on pain of forfeiting, for each day the same
shall bo missing through such officer's nc.
gleet, a sum not exceeding two dollars, which
may bo recovered by action of debt in the
name of any person, before any justice of the
peace of the proper county.
7. If any officer shall wilfully or cor
ruptly take greater fees than aro expressed
and limited by this act, for any service to be
done by him in his office, or-lf any person
shall charge or demand, or take any of the
fees herein ascertained, where the business
for which such fees arc chargeable shall not
have been actually done and performed, such
officer, for every such offence, shall, on con
viction thereof before any justice of the peace
of the proper count'. , forfeit and pay a sum
not exceeding fifty dollars : Provided, That
nothing in this act shall be so construed as to
prevent clerks from taxing in the bill of costs,
to be recovored by the successful .party, the
fee for making up records,
8. It shall be lawful for any person to re
fuse payment of fees to any officer, who shall
not have made out and presented a bill of the
particulars, signed by him, and on payment,
such officer shall, if required; give a receipt
9. The travelling fees to a witness, to
gether with the fees for one day's attendance,
shall, in all civil cases, bo paid to him, if re
quired, before he shall be liable for any pen
alty for non-attendance ; and after he shall
have attended two days, tho fees for one day's
attendance shall be paid to him, if required,
on or before the succeeding day, and so from
day to day, for as many days as he may be
required to attend.
10v In cases where there is a confession
of judgment at the first term, or whee the
cause is settled by the parties before or dur
ing the first term, tho whole fees to the clerk,
after the return of tho writ, shall not exceed
one dollar and fifty cents, and the whole fees
to the sheriff, after the return of the writ,
shall not exceed fifty cents.
11. Every citizen of this territory itall
have free acccssto all public records, without
being Uxeofany fee therefor.
& 12. The expense incurred in providing
well bound books for the use of the county
and probate courts, shall bo paid out of the
county treasury; and for the use of the su.
premo court, out of the territorial treasury.
13. The county courts may, if necessa.
ry, make an an order to command any num.
ber of constables, not to exceed three, to at.
tend said courts, to bo entitled to tho same
fees as sheriffs for like services.
6.14. The fees and compensation to the
several officers and other persons hereinafter
mentioned, shall bo as follows, and no more,
CLERKS' FEES IN CIVIL CASES.
For issuing and sealing overy writ, not com
posing mere than 300 words, . 62 )
For each additional folio of 100 words, 12 )
Docketing a case first liuio, . 18
Docketing a case thereafter. 12)
Entering suit without process, 314
Filing every paper in any one suit,
Entering an appearance, to be charged
but once against each party to a suit, 12)
Issuing bail piece when required, 25 .
Entering special bail, - .25
Swearing anil cmpannelin a jury, - 50
All entries relative to tho trial not hore-
in specially provided for, - 25
Administering an oath or affirmation to
each witness on trial, 0
Recording a verdict, 18J
Entering every judgment, 50
Recording a special verdict, for every
sheet of 100 words, 12 J
Attending on striking a special jury,
and delivering copies, -50
Entering satisfaction on the record, 12)
Entering issue joined, 12$
Issuing writ of execution, 25
Taxing costs, :7)
Entering ejeoncrctur, - 1-ii
Kcntoring surrender, - 12
Copy of a rule of reference, - 31 1
Signing the final record in each case, 12)
A commission to take depositions, 37 )
All the motions in one suit, 18)
All the Tules in any one suit, 18)
Each continuance, tlj
The venire facias :17)
Entering every motion distinct from an
action, not to include tho ordinary
motions in a suit 12)
Making a complete record in each
cause, for evary 100 words, . 12)
Every certificate, .... 25
The seal when required, . - - 12 j
Every subpoena for one or more wit
nesses, ' 18J
A search of the records, if a copy bo
not required, (suitors and officers of
the court excepted,) - 12
Filing the record upon an appeal, writ
of error, supersedeas, certiorari, or
habeas corpus, 18 j
Taking security upon writ of error,
supersedeas, or appeal, - -18.)
Entering a writ of habeas corpus, writ
of earor, or certiorari, and for the re
turn thereof, .... 50
For assessment of damages on any re.
ference mado to him, 37 A
A subpoena in chancery, 50'
Filing each bill, answer, replication,
or other pleading in chancery, 6
An order to advertise, - - - 87 J
Copy of a paper not herein otherwise
provided for, for every 100 words, - 12)
Taking a recognizance, -25
Entering transcript of justice's judg
ment, - 25
Entering an appeal from justice or jus
Administering each oath, other than on
the trial of a cause, -12)
Certificate for jurors or constables' pay,
to be paid by tho county, each 13)
Filing all election returns at each gen
eral election, to be paid by the coun
ty, 1 00
Calling recognizance and entering for
Respiting or discharging forfeited re.
cognizance and motion thereto, 12)
Entering discharge by proclamation, 12)
Filing petition and order thereon, 25
Issuing dt recording marriage license, 150
CLERK'S FEES IN CRIMINAL CASES.
Issuing process 75
Entering defendant's appearance, 12)
Entering a plea, - -2)
Discharge of bail, - - - - 25
For entering each suit, civil and crim
inal, on the court calendar, 12)
For other services, the same fees as in civil
cases, but no fee shall bo exacted for is
suing certificates of pay to grand jurors,
petit jurors, or witnesses.
FEES OF PROSECUTING ATTORNEY.
For eachoonviction in criminal cases, 10 00
For every indictment, - - 2 00
Arguing the matter when the defen.
dant shall submit, - - . 2 00
Every trial, arguing a demurrer, or in
opposition in arrest of judgment, or
for a new-trial, - - .3 00
Which fees shall be collected, and paid as
Each person, serving as grand juror, shall
receive of the clerk of the court, a certificate
of his attendance on the court, and suoh ear-
tificato shall exempt tho holder from as many
days of service on roads or other publio du
ties, as ho may havo been in attendance on
tho court; and grand jurors shall receive no
Petit jurors shall bo entitled to ono dollar
for each verdict rendered, and ton cents a
mile for every mile ho has necessarily to tra
vol in obeying the summons of the sheriff.
For each witness for every day's atten
dance, Attendances before a justice of tho
peace, for half day
For traveling each mile, coming only
from his or her place of rcsidenco to
tho place of trial
For recording each land claim, of 200
words, with tho certificate,
For each additional 100 words, -
For recording each certificate of mar.
For all other writing for every ono
For every official certificate, when-ro-quested,
For filing each paper,
j MARSHAL'S FEE8.
Tho marshal of Oregon territory shall re
ceive the same fees for his services an aro
allowed to sheriffs for the performance of like
For issuing cuch commission.
For each certificate with the seal of
the territory, ....
For all official writing for every ono
hundred words, ....
For filing each paper,
For tho service of any writ and the re
turn thereof, (subpornaa excepted,)
for one defendant,
Each additional defendant,
Every commitment to prison,
Discharging a person from prison,
Attending with a perron before a judge
or court when required,
Attending on a witness brought before
a court, on a w.it of habeas corpus,
Serving a writ of possession,
Serving a writ with the aid of the pos.
sc comitates, ....
The copy of anv writ or process neces
sary to complete a record, for every
one hundred word,
Serving and returning a s uhpana, for
each person named therein and ac
Summoning a grand jury in the district
court, to be paid from the county
Summoning u petit jury in tho district
court, to be paid from the county
Making out a list of a struck or special
jury, and delivering the same,
Summoning and returning a special
jury, to be paid by the party putting
off or losing the cause, and traveling
Traveling fees upon all writs, precepts,
and subpamas, not herein otherwise
provided for (and not to extend to ju
rors) to bo computed from the place
of service to the place of return, per
Selling of Sand upon execution, and
Collecting and paying into tho territorial
rial or county treasury any fine or forfeiture,
tho same per centage a.i allowed in civil ca
ses. ' Hut tho per centago on all executions
shall be taken only for tho sum received and
Making and executing a deed for land
sold or set off on execution, to be paid
by the purchaser or creditor,
Serving any person with an order of
court, and mileage, and making re
turn, Bringing up a person on a writ of ha
beas corpus in civil cases, and mils,
Summoning a jury in cases of forcible
entry and detainer, ''
Serving a writ of restitution with the
power of the county,
Serving a writ without the power of the
Serving an execution for partition of
real estate, or assigning dower, and
TO SB CONTWOtD.)
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