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 rccoril. $ 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 iiltii s. ."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 i MM! 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. ilictahle. 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 clerk. ) 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 tioil. 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- Oregon Snectator. At Weatwwd Uw fltmrNrf Emfin tilum ita way." nitr.i -msuxj'stijix-crys Vol. I. 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 ready required. 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- .ance. 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 criminal prosecution. , $ 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 inal trial. $ '-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 therefrom. 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. JUSTICES COURTS. 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 the peace. 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 ceipt therefor. ARTICLE II. 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 ty dollars. 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 fiftydollars. Third. Actions of dctinno and replevin, when the thing demanded or claimed does not exceed in value ono hundred and fifty dollars. 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. article in. 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 claimed. 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 the justice. 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 lowed. 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 SrAM vs taring besa maaaaaaai. alleshsr te'he MSf .Si)It 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 lsi-:.i,..'..i' as ...HI..H...H