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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (March 19, 1846)
ii v authority.
A N At "I l mllilili ' "irt. mill prcwnlci their iw-
em llllll lIllllfH.
( I . it enacted hi) I lim.fr of iprrxcn
tntiveiol' Orrffim Territory. Tliul the pnlioial
iHiwiir shall be vested in u supremo court,
criminal court, county courts, prolmti! courts,
uihI in justices courts. The suircnic, emu
jiml, iiml count) courts, mIuiII Imi courts of
$ Vj. Ml llllicilll llil(TM "llilll In! fl(!Ctl!l
hs tin- luiu-c ol representatives, and coiiiiuit.
Mimed lis tin- governor; mnl ludore entering
upon '!) duties of their offices, hIih!, within
thntv das nflcr icci-uinjr their cuinmiNsiiins,
Hike the oath in -rilji-fl in the iirtielcsof
ciuiiiiict, a cerliliculc ol" which shall he en
dorsed on then i miiiih-jhioiim: I'niridid, That
it shall he the iluiv ol til" judges nf clvc.
Hon, at the seseial precincts in this territory,
to open it (fill at th" lirst annual election, to
take til" sense of the people, whether III fu
ture tin- juiIl'cs of the oiinty courts shall be
eleeteil h the lioil-e of P'pri'si'lUallM'K, or
lis the pcopli .
6 It. The courts i'- recnril shall each n -cure
iiiiiI keep :t -t-al with Mich i-iuMeni anil
ijeice- as the courts sliall think prn.ci-.
(si. Tin- courts ol r corjl shall, with the
nils Ki- aij'l I'l'iisent 'if the huuse ) rejircsen.
tatiM-s, ap,i ill their own i lerks, whose ten.
on- o i tie i- shall ! 'he anie as that of the
inilu'e "I tin- court o which tlics ar- clerk,
who, hel-ire entering Uhi the duties til their
i.ttif .. -111111 liter into IhiipI to tin- terrilois,
ss ith g'nl anil siiilicient se urits , in .1 penal.
Is snllici, -nt to cover all respoiisllulltiei i.
ilitioii' 'I t--r lli faithful perl'.riniiiii rllicir
."i. Tie- !-'iei- of i 1. ik, jn rill'-, noil tli.
-r "tin '.- -loiiL'iiiy I"" lo'irt -Ini'i I"- up.
piosiil l.s tin pr -nlfiit ! the i-iurt to which
tli- r p" tlSi-W In IoiL.
li. 'II lllH "l.lMl'ilfil l tin- net,
shall haw- xiu r to punish, as lor ctiuuual
coiitenip:. pi-rsoii-i g:::l!y -i! :' lu-i ! tli" t".
i'iw in act, .ii id for on othi i ;
I'iril.- i f.oiilerls . contemptuous or iiiso.
Il-llt licll.'l V I -1 . -- ilHIltt t i lIlllllCJ Its sittr,
in iiinie i'- '. .s ii.'i'! r. " in . inn! i 1 1 1 1-
Is t lelile.' ! itfi rillpl Its liP-i i eillllL's. or to
iui;i!i :t : t -t iim- t its authonts .
.Srruinl. ns lireitcli nf the iM-ace, noi-e
I li-tiirh.ince, ilirec.tls t"iehiiL' to interrupt
lis ('MCI eillllL's.
Tlnril. ilful ilisilii-ilieiif.1- of ans pro.
ces or njili r. lasv lulls i-sin-d r inaili hy it.
'mirth. li"si-.tiuiv.- " !!t"ulls ofv'ercil hs ans
(rviii t 'in l.isst'il onle: pi ices-. ..f the
hit th. Ti ' ii'uui.i' -oil- aihi unlaw h.l
i"fu-.'l -! .u . pciviu to In ssori as a sit.
ni-hs. anil ssIh-ii v -worn. th- like ielu-.ii I to
an-ssi r ans li-uiil oi prop, r t,, t -rr.' tors ;
anil all ot!i"i aits ileuoniinat"il iliinpts
of coints" in tin law- n i ii"''oii termors,
shall he ileuli.eli. tiled, anil plllllsheil as
crimes nt iiiisiiciutmnors.
$ 7. I'linisluneiiis tin- i iinti-uipl may he by
fun; or imprisonment, or loth; the line not to
"ceeil fifty dollar, ami the imprisonment
Hot tn esceeil ten das. I'er-ns punisheil
lor conteinpt. mas also he unlicteit autl pun
ishcil according to law, ifth" nd'cncc ho in.
is. The iiii-ei'.il o' he seal of anv
court of lecoiil, hs stamp, shall he sufficient
sealing in till ca-es where sealing is rcitii.
ieil; ami svhere no nllicial seal is prosidud,
the private .seal til' the clerk mas he wsctl,
ami tint fact Mated in the ceitilicaU' of the
) W. The ses"ul judges anil justices of
Iim peace, shall he conservators of the peace
thiniighniit this tcinlory, ami ho exempt from
military tity during their continuance in of.
Ii"e, except in en, tit' iiivusinn or in.su rrcc
vS II). A ncjjro, niulatto, or Indian, .shall
not he a svitne.ss in any court, or m uuv ouro
auiiiM u svliitc num. .
11. InterproterH inuy he .sworn truly to
inUirpri't when niH-ossury.
lii. No pn;css or'piviccciling shall bo
!(;!iu!il void or invulid, on ucrotiurof non
coinpliuncn svitli any diructory stutiitonn tho
purt of siiiiiu puhlii! otl'tcer, uiilfHx H)sitivcly
li'cltirfid so hy law: I'roriilcd, Tlmt tho pro
:t!Ks or proceeding can Im so iimondud, as not
' opprw or tsuprise the piutv moviii" to
iiush or .sot them aside.
IS. Whoru a pnr.son required to enter
itito recogni'.aneo in criminal eases for his
appcariinco i)r good hohuvior, hIiiiII fuil to
comply, the court or mugistruto huving cog
nizancv of the. ctrse, shall commit tho dc-
Weatwwd Uw fltmrNrf Emfin tilum ita way."
Oregon Oitj, (ONf m Tor,) Tfctnfey, Barck 19, 1146.
Iiii(uetit to jail tintil he comply, or until the
expiration ol the time for winch such recog
nizance would have lec" in force.
(s II. The person tfiUH committed may be
ilisi.'huri.'d hy the court or magiMrate mo
committing him, or hy any justice of the
peace of the county, upon hi entering into
j rcco'Tuiaiico in the manner required.
l.'i. When a jiemon is committed for
want of hail, the jitittimtu shall state that
fact, and also the amount of bail required.
! 6 Hi. Where there is a reasonable prc
' sumption that a capital crime has been com'
muted, the olfender can only be admitted
I to hail hy a judge of the supreme court. In
all other cases a justice of the peaco shall
haw jhiwit to let to bail.
I) 17; Where a pcrxon committed to jail
.stall he hruuglit up on hftbau corpus, the
jtiiie or court Ix-foro whom ho may bo
hroiuiht. nhall have power to recommit, dis
charge, let to hail, or mitigate the hail al
h. Ucconianecs in open court need
j not he reduced to svriting at full length, but
merely a minute thereof entered upon the
I leconi of the court. In other cases they
i shall he svritteu out and subscribed by the
1 parties t Is? ImiuiuI thereby. '
19. The governor may affix what con
'ditinns, limitations, or restrictions he may
; think proper to any pardon he shall grant,
leaving the convict the privilege of accept-
inu or refusing the pardon upon these terms.
$ 'JO. 1'jHtii a breach of any of tho essen
tial t onditious of a recognizance, the county
'court of the 1 1 roper county may institute a
j -nil thereon in the county court, for the
whole H-nulty specified in such recogni
I .anie. and the amount, when recovered,
' -hall he appropriated to the use of the coun-
ty. Hut judgment shall not be against the
' defendant, or any of his sureties, for non
appearance at any court, if the jury, be
, line whom the ease is tried, shall find that
I there is Millieirtit excuse therefor.
; $ 'J I . In casus of bail, tho securities may
I surrender their principal to the sheriff in ex-
oneratiou of themselves, at any timo before
a hrcaeh of the conditions of the recogni-
I M'2. Persons injured by the commission
of any crime, may maintain a civil action
. for that injury, notwithstanding the offender
may have heen convicted for tho same in a
, $ VJH. For this purpose, where the often-
. ilcr.is. sentenced to imprisonment forrnorc than
six months, or when ho cannot be found, the
action may he commenced by attachment,
ami conducted as in other cases. If found,
he limy he arrested on capias, and held to
hail at any time after conviction in the crim
$ '-M. In serving any process, the officer
shall read the same to tho person on whom
it is to ho served, or inform him of it con
tents, and, if required, furnish him with a
ropy thereof, aftor having informed him of
his right in this particular.
'jr. Where several defandants are tried
jointly, any ono or more of them may bring
a writ of certiorari, or of error, or move in
arrest, of judgment, for a new trial. But
those of their co-defendants who refuse to
join in such motions, shall reap no benefit
2(1. Tho power and practico of the courts
in criminal matters.'f except bo far as modi
fied in the criminal law,) shall, as far aa
practicable, bo made to coincido with the
corresponding practico in civil oases.
ART1CLB 1. '
" 1. Tho judges of the county courts shall
bo cxoffiolo justices of the peace, within their
several counties, and shall hold courts motfth
ly, at their several offices or resMsnoes, for
tho trial of all cases within their jurisdic
tion. 2. The otfeial certificate of any justice
of the peace, living in any state in tho Uni
ted States, certifying any judgment by such
justice rendered, with a certificate thereon,
sealed by the clork of the county, with the
county seal, where such justice shal! reside,
certifying that he whoso signature appears on
such exemplifications, was, at the date of
such judgment, a justice of tho peace,- and
qualified to act as such, shall be good and
legal evidence, in any court in Oregon ter
ritory, to prove tho facts contained in such
exemplifications, awl nothing more.
3. Justices of the peace shall have pow
er and jurisdiction throughout their respec
tive counties, as follows: 0
Firtt. Jointly and severally to cause to
be kept all laws mado for the preservation of
Second. To cause to come before them, I
or any of them, persons who shall break the
peace, and commit them to jail, or bail them
as tho case may require.
771rrf. To arrest and cause to come be
fore them, persons who attempt to break the
peace, or who are not of good fame, and com
pel them to give security for their good be
havior, to keep the peace, or both.
4. If such persons refuse or neglect to
give security, they ihall be committed until
they find the same.
5. Every recognizance so taken for the
keeping of the peace, or for good lichavior,
or tor both, shall be certified to the next
county court of the proper county.
b 6. In the following cases, and no others,
a justice of the peace may punish, for con
tempt, persons guilty of the following acts :
Disorderly, contemptuous, insolent behavior
towards such justice, while engaged in the
trial of a cause, or in rendering judgment,
or in any-judicial proceedings, which shall
tend to interrupt such proceeding or to im
pair tho respect due to his authority, v
7. Justices of the peace are cinjiosvered
to grant subpesnas for witnesses, in all mat.
ters submitted to referees and arbitrators,
and in all cases wnere it may be neeessarv
for taking depositions.
8. Whenever a justice of the peace shall
resign, move out of the county, or be- other
wise disqualified, he shall immediately there
after deliver to the next nearest justice in
the same county, all dockets, records, books,
papers and documents, appertaining to his
office, or relating to any suit committed to
him iu his official capacity, he taking a re
Of the Jurisdiction of Justices of the Peace,
and authorising them to hold a Court.
9. Every justice of the peace is author
ized to hold a court for the trial of all ac
tions, in tho following section enumerated,
and to hear, try and cxamino according to
law and equity.
10. jFYr.-Of all actions of debt, cove,
nant and assumsit, and ail other actions foun
ded on contract, whore the debt or balance
duo, ordamagea claimed, exclusive of in.
terest, shall not exceed ono hundred and fif
Second. Actions of trespass and trespass
on the case, for injuries to persons, or to real
or personal property, wherein tho damage
claimed shall not exceed ono hundred and
Third. Actions of dctinno and replevin,
when the thing demanded or claimed does
not exceed in value ono hundred and fifty
Fourth. Actions commenced by attach
ment of property, as hereinafter provided, as
wall as tor any penalty given by any statuto
of this territory, when the amount shall not
exceed one hundred and fifty dollars; and
Fifth. 'To take and enter judgment on the
confession of a defendant, when tho amount
confessed shall not exceed the amount for
which justice is authorized to render judg.
ment la motion.
4 11. JFVrsl. Na jusrioe of tho peace shall
hare ccgnjpeftoe against an exeoutor or ad. J.I
".. .. jtu JM8ht
, - til ST
muiMtrator, lor any aeet or aemwM aae irom
the te.itator or bHeetaeeais; s
Second. Of MX f " ""M
cious prosecotjopyor lUee impri3iifcnft wot
Third. Of any actkje)here the sMe to
lands and tenements -shaH come iaqueestsR.
12. Every' justice of the ptsm sjiity
havo jurisdiction oo-exteesive with jjn sjqbjsj
ty for which ho is appointed. Tl J I l
M. Every action cognizable bessre a
justice, instituted by summons or wanes,
shall bo brousht before some iiistiee ef the
No, 4. county; either
First. Wherein the dcfeneW mill i, or
Second. Wherein the plaktrisTwejaWead
the defendant may be found; be If she 4ft
fondant in any action is a io.rasMeatef fke
county, or has absconded from tlw'lffsiai
place of abode, tho action may be tfcrtttfct
iicfore some justice of any county where Be
may bo found. -'
14. Every action inetrtttea W aseh
ment shall be brought beibro spaM.jstiee.of
the county, wherein the property of the de
fendant may bo found.
Of the. commencement of amis, ami the Mnrfeet
and return of process. " "
15. Every justice of the peeci shall heap1
a docket, in which he shall enter,
Fir The titles of all.omsjses uieiiii
ccd before him. "
Second. The time when first proeeetwaa
issued against tho defendant, and the par.
ticular nature thereof.
Third. The time when the parties ap
peared before him, cither without processor
upon the return of process'. T
Fourth. A brief statement of the nature
of the plaintiff's demand, and the asses
claimed ; and if any set-off. w.as pleadeda
similar statement of the set-off and the aaaasjpt
Fifth .-Every adjournment, stating at i
request and at what time.
Sixth. The time when the trial wai
stating whether the same was hy jury or hy
Serenth. The verdict of the jnry aad
when rendered. , i
Eighth. The judgment renderesl'hy the
justice, and tho time of rendering the i
Ninth. Tho time of issuiac ezee
and the name of the officer to whom deMir.
end, and an account of the debt, dafsMM
and costs, as the same was endorsed on the
hack of execution.
Tmth .The fact of an appeal 1
made and allowed, and when
f. Ml TI... en.nal !Ama In Wa
.- . v w. J. lit wmi vi!o lit im
section enumerated, together wun
entries specially required by this act' '
mudo in ttio docket, shall be eaterea
or opposite to the title of each cause t
they respectively relate;; and ia.addWaa)
thereto, tho justice may enter any other are-'
ceedings had before him in the cause, whieh
he shall think it useful. to enter in esjeh
docket. '"" "' '
17. Suits may be instituted be4fa a jual
tice, either by the voluntary asraraaee aad
lcrecment of the parties, or by proaess; aad
the process for the institution of a.ausL he.
fore a justice, shall bo either a wmmyh
warrant against the person, or attaw
against the property of the dessadbust.
6 18. Whenover the plaintiff is a.aea
dent of the county, the justice may raaeita
of him security for the costs, Before thalii.,
stitution of tho suit; and whenever a' aMsj
been commenced by any person, whether' a
resident of tho county or not, tha?juetiee
shall, on the application of the JpfcMutt
order the plaintiff to give security for the
costs ; and if tho plaintiff refuse Weematy
with tho order, tho justice silt dkflniea the
suit. "i '
19. If any suit or sehosT be fouadsd up
on any lost odestroyed instrument of irjnT
ting, the partVelyuiuaop suoh jfi. hjteu1
ment. shall breantred.Don thf tsMsir
hearing of the calnWlb ptor isiM Jw
destruction, either byliii own eetJnWtpliy I
er competent testimebnr ; 1 sssi'if.uaM it
trial or hearing, it appears that the jaei
intentionally put away or dsetroyasvl
mand or set-off founded tipoa suck J
ment shall be roieoted. ' "' V
. 20. All process issued by juejiase'tinha
peace shall run " In the naaMef taa-eaatJla;
ry of Oregon," be dated on lladair J;.h).
sued, and shall be signed by ths jue jaaft,
Ing the same, and may he' sseled mst
..,n. ...l . M-ii J wxfvtn
To.KcontnfVi . vtv.'C m