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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (April 30, 1846)
AN ACT to iwUbWi Court, and prescribe tlieir pow
er and rfutlm Cmcluded.
! 100. It Htmtl bo tho duty oftho justice,
ore whom any conviction may ho hud un
lor this article, if there bo no appeal, to make
out and certify and, within fifteen days after
tho date oftho judgment, deliver to the trca
mircr of tho county a statement of tho cane,
tho amount of tho flno, end tho namo of tho
sheriff or conHtahlo charged with tho collcc
tinn thorcof ; and thu county treasurer shall
chnrgn tho shorifTorcoiiKtablo with tho amount
of hucIi fine, and unions tho samo lo paid into
tho county treasury within sixty days after
the date of tho judgment, tho said justice shall
render judgment against nucli officer for tho
amount flue and twenty per cent, thereon
making, howevor, propor deductions for in
sol vouuioH, on which judgment execution hIioII
Ihj fruited a other executions arc, and tlio pro.
ceedH paid into tho county treasury.
1!)7. Any justice of tho peace, sheriff",
constable, or other officer, who shall wilful
ly neglect or refuse to perform any duty en
joined on him by this article, shall Ihj deem
ed guilty of a misdemeanor in office, and shall,
moreover, pay tho sum of fifty dollars ; and
any person who shall, when summoned to aid
in arresting or securing an offender, refuse
to give such assistance, shall pay five dollars.
108. Fines and penalties incurred under
the provisions of this article, in cases not oth
erwise provided, may bo recovered licfbro any
justice by action of debt.
(j 100. When a trial, under the provisions
or this article, shall be continued by the jus
lice, it shall not Ik.1 necessary for the justice
to summon any witness who may lie present
ut tho continuance, but such justice shull ver
bally notify such witnesses, its either party
nmy require, to attend k-foro him to testify
in the cause on tho day set for trial, which
erlml notice shull be as valid as a summons.
200. Previous to the commencement of
niiN trial before a justice of the eace, the
defendant, or his agent, may make oath that
it is the belief of such dcpoiiaut, that the dc
fenduut cannot have an impartial trial before
Mich justice ; whereupon, it shall Ihj tho du
tv of the justice immediately to transmit all
tiie papers and documents belonging to tho
Miit, to the nearest justice of the eacc, who
.shall proceed as if .the said suit hud been in
Mitiitcd before him: Proritied, There shall
be but one change of venue. ,
Proceeding lo prevent the eommiition nf offtueti.
201. Whenever, by affidavit, it shall be
rendered probable to any justice of tho peace,
of tho proor county, that any person has
threatened to commit any considerable of
fence uguiust the person or property of an
other, Mich justice shall issue his warrant as
directed in the 14th article, to bring such ac
cused person forthwith before him.
iiO'J. Witnesses may bo subpaincd and
oxumincd au in other cases. Tho oxamiua
tion of the accused may also be taken, but
not undor oath.
203. If tho justico becomes satisfied, by
such investigation, that there is sufficient roa
son to apprehend tho commission of tho of.
feiico stated in tho complaint, ho shall re.
quire him to cuter into a recognizance, with
sufficient 'surety, conditioned according to tho
form appended to tho 14th article.
6 204. When any person is committed to
jail for not entering into recognizance, as
required by any law of this territory, tho
amount of bail required shall bo specified in
tho mittimus. Any justice of tho peace may
discharge tho prisoner upon his giving the
$ 205.. The sheriff, in all such cases, up
on tho application of tho prisoner for that our-
pose, shall tako him hoforo somo justico of
ino peaco ol the county, that ho may ontor
.into tho reouirnil rnenirnivanen. '
, r ...... j
y 200. A transcript of the proceedings of
junwui;, un jniviucu lor in tins ana suc
ceeding article, together with tho recogniz
anco (if ono bo taken) shall, by such justice,
ho filed in tho offico oftho olork of the ooun
ty court of tho propor county, on or before
;tho first day oftho ensuing term of said court.
For a failurUo do so, ho shall be liable to
indictmont, and may bo fined in any sum not
exceeding two hundred and fifty dollars.
207. The county court, at the term to
which tho proceedings oftho justice shall be
returned as above required, shall proceed to
investigate the matter by hearing testimony,
and may release the prisoner, discharge the
rooognizanco, or require a new one for a time
not exoeoding ono year.
" Westward the Htar of Empire takt ito way."
Orefoi City, (Ortfom Ter.) Tkwiaay, April 30, 1146
Prelimirutry proceeding when offence hate
(j 208. Whoncvpr, by affidavit, it shall bo
rendered probablo to a justico of the peace
that an indictable offence his been commit
ted within the county, ho shall, by his war
rant, directed to tho sheriff or constable of
the proper county, or to any privato person
therein named, forthwith cause the accused
person to bo brought before him.
200. Tho officer having tho warrant, or
any other person engaged in the pursuit, shall
be thereby authorised to arrest the accused
anywhere within this territory, and bring him
forthwith before tho magistrate who issued
tho warrant, or (if he cannot attend the ex
amination,) before some other justice of the
210. Such officer shall have the same
powers, in making tho arrest in any other
county, as in his own, and may retain the
prisoner in custody, and lodge him for the
night in jail, in any county through which he
may have to pass, on his return to his own
$ 211. When tho affidavit shall state that
property bus been stolen or embezzled, and
that affiant suspects such property is con
cealed in any particular house or place, the
justice, if he think there is sufficient ground
for such suspicion, shall issue his warrant to
search for xuch property.. But such warrant
shall not authorize the officer to make the
search in tho night time, unless positive proof
has been given to tho justico that the proper
ty is concealed in such house or place.
212. If tho property bo founu, tho officer
shall bring the person having it in possession,
forthwith before tho justico who issued the
213. Upon satisfactory proof of owner
ship, the justico shall direct any stolen pro
perty to be given up to tho claimant thereof.
6 214. When, in any case, it shall be suf
ficiently shown that the prisoner has been in
possession of counterfeit money or bank notes,
or has stolen property capable of being con
cealed about his person, the justice, before
whom ho is brought, may direct tho officer
having him in custody to search the person
of tho accused.
215. Tho prisoner shall be allowed to
mako his own statement, but not under oath;
after which tho witnesses, on both sides, shall
bo sworn and examined.
210. The magistrate may direct any por
tion of this statement or testimony to be re
duced to writing, and signed by tho person
muking tho same, which shall bo returned
with tho other proceedings as directed in the
217. Tho magistrate may direct any of
tho witnesses to be removed from court, du.
rinir the examination of the prisoner, or of
any otlier witness.
218. If them appears sufficient grounds
of suspicion of the prisoner's guilt, the magis
trate shall (in bailable cases) require him to
enter into recognizance, with sufficient sure
ty, conditioned as prescribed in the form ap
pended to this article.
210. Any of (he witnesses may be bound
by-recognizance toappear and testify in the
propefcourt, and in ctoeof homicide they
Siay bo required to finduraties in such ro
220. If the witness bo ad infant, or a mar
ried woman, somoTJlher parson shall enter in
to the recognizance for their appearance as
221. If tho offence bo not bailable by a
justice of the peace, and thero are probable
grounds to suspect guilt, the prisoner shall at
once be committed. But ha may be after
wards bailed by a judge of the supreme court.
FOB OP BBCOGNIZAH0B. .
'Be it remembered, That on the. day of
, A. D., 18 , before me personally came
M. N. and J. P. and acknowledged themselves
to owe to Oregon territory dollars eaoh.
The condition of this reoogniianoe is such,
that if the said M. N. shall personally appear
at the county court of said county, on the first
day of the next term thereof, and abide the
judgment of said court, and depart with
out the leave of the oame, and in the mean
time shall keep the peace towards A. B. of
said county, and in particular shall not com
mit, (here state the crime threatened as sworn
to in tho affidavit,) then this recognizance to
be void, otherwise of force. M.N. 6s J. p,
Taken and acknowledged before me ibis
day of , A. D. 18. ..
F, P., Justice.
v 1. The several county courts shall be
composed of three judges in each county, one
of whom shall be appointed at each regular
session of the house or representatives, to hold
their offices for three years, and until their
successors are duly elected and qualified.
And tho house of representatives shall, upon
the first election held to fill the offices of
judges of the county courts, class the per
sons elected, so as to make Vie tenure of the
office of the first class to expire at the end of
three years; of the second class at the end of
two years, and of the third class at the end of
one year; those elected for three years to be
presidents of their respective courts; and the
judges so elected shall be commissioned ac
cordingly. And if the said judges, or either
of them, after accepting their appointment,
shall neglect or refuse to do his or their du
ty in office, he or they so offending, shall, on
conviction, by indictment before tho county
court of the proper county, be.Aned in any
sum not exceeding two hundred dollars.
i 2. Tho county courts shall hold two re
ar sessions annually, and may hold a call
ed term at any time to try a criminal, and
extra sessions in case the business of the
county requires the same ; notice from any
two of the judges to the third, shall be con
sidered a-sufficient call for such t tfra ses
sion, due notice thereof being given ; no ex.
tra session, shall exceed three days.
3. The county courts-Bhall be heM at the
county seat of each county, so soon ax 'ho
same shall be established, and suitable build
ing prepared; and until said county seats are
established as aforesaid, the courts shall, from
time to time, fix the plat e of holding their ses
sions, of which one month's notice shall be
given ; tho regular sessions to be held at the
times following, to wit :
In the county of Tualaty on the last Mon
days of April and July. .
In the county of Champoeg on tho second
Mondays of May and August.
In the county of Clatsop on the second
Mondays of April and July.
In the county of Yam Hill on the first Mon
days of May and August. J
In the county of Clackamas on the third
Mondays of May and August.
In the county of Vancouver on the third
Mondays of April and July.
In the county of Lewis on the last Mon
days of May and August.
In the county of Pdk on the second Wed
nesdays of May and August.
& 4. The county courts shall bo consider,
ml hnriinn coroorate and oolitic, bv and under
the name and style of the county court of
county," (naming the county,) ana as
such, by and under such name and style,
may sue and be sued; plead and be implead.
A. AettrmA and be defended, answer and be
answered unto, in any court either in law or
equity, and do and transact au ousineeson
behalf of their respective 'counties that may
be assigned them from time to time by law.
Arid in all oases where their respective ooun
ties may have been injured, or may hereaf.
ter be injured, in their gooda, chattels, leads,
tenements, rights, oredits, effects, or con
tracts, such courts shall and may. bywjd
nnifer hlr numerate name and style, with
out setting out their individual awmes, bring
any suit or suitfaHion or actions, eitaer is
law or equity, which may U best calculated
. . - -.- - .j.-; .. . !! (-,41...
lo ODfam jmuwmm mfwwjimtmmjiuj. whw
same way and mssnsrjisat private mdividu-
ais nugnt or
name and at
nersom having anv manner of claims against
such county. ' ' ' - ft'IT
5. The county courts shall hav felo-
vn original iurfadiotSoa of all matters in
chancery, properly arising within tbflr re-
quate, and complete remedy cannot be bad
at law. j
k A. Tha countv ranrta ahadl have Arinaal
jurisdiction and power over all criaaiaaT'aav
sea, except the trial of iadjetsaents for ertaiea
or misbVrueanors, the paaishmenl af.waiaa W
corporeal, or uy nne exceeding one nunorea
. 7. The county court shall have original
jurisdiction in all caaaa of .law aad aqtUty,
not cognizaoie oeior jimuuovi,umi up,
nt tn all naaM of ferolbla aatnr aad oWaia.
er, and unlawful detainer, shall hava ataeur.
rem junsajcuon wun juauu,vi wv p""'
$8. Tbejuo of Uieootimycourto shall
mmn. nMwtv a full i miiiMJnsatinai far hia
services, the sum of two dollars for every
.!...- .m.iiiI.iim rm .tin wuivt tn k taaut nut
of the county treasury. ' '
4 9. The county court shall, at tke irst
term thereof in each year, levy a cbwHy tax
for county purposes according to law, net to
exceed, in any oae year, the territorial levy,
and cause the clerk to make oat a dapUoate
for collection accordingly ; and said eosrt
shall be held free of costs, as a court ef-ap.
peals from the assessor's Books.
10. The said court shall, at the term in
each year aforesaid, make a fair aad aceu
rate ntatement of the receipts and expendi
tures of the preceding yr, aad have. the
same set up at the court house deetvaad at
two other public places in the proper, eeamv
ty, and publish the same kt seme newspaper.
in the county, if there be aay.t . ,
11. It shall be the duty of tkelelerVof
the county courts to keep air book .wMpr
shall be kept the accounts of tli,otmaty :' to
attest all orders issued by the em for the?
payment of money, aad eater the aara in nu
nMricaT.order in a book to.bekspt ';
purpose, and shall copy Into thefr.aaJd hooka
the reports of the county treasurer, bV'psV
receipts' and disbursements of their relpecv
tive counties. ' I( -1'-1
$ 12. Tiie county courts shall aaaually
allow their clerks such compensation, not ex
ceeding three dollars per day, as they may'
deemreasonable, while in session. Thfe eottjnV
may also allow the clerk and aheruTauch
amount as is actually then due for extra ear.
vires, by their filing a bill of items, whlebJ
sbilltae regulated by the act concerning1
costs and fees. ' r-H'7- '
18. It shall be thedtityof the eoamty
court of each county, to ptevieV ell beak
and stationery neeaWry far the clerk of the
urt,Uw probate jWg-, aad the traeaur-r.
4 14. The oounty court of eaeh county
shall audit and settle aU demands ageinet the
oounty without fee. or tax; and far all de.;
mands established against the county, shall
drawpon the oounty treasurer, in the name,
of the person to whom said demand is paya
ble, whioh. draft or order shall be signed by
the presiding officer of the court, and attest-,
ed by the,clerk, and when so sigaed and, at
tested, shall , be sufficient voucher to said,
treasurer to pay the same. , ,.
ABTKia n. " ' -
Of fractice in cml cam mtmmkf U.
1 15. All writs issued by any court k this,
territory, shall run ia the aama ofOregea
territory, and bear teat in the aamaef me,
name of (he presiding judge, ,ai shall he
sealed with the seal of the said court, aign
ed by the elerk .thereof, and made retuma.
bio to the first day" of the aexttorm, after the'
date of such writs. " -,
& 16. It shall be the duty of the aberisT to,
serve all process of wmiweae.aroapiawhen
u .t,.n k MM)MkW. tsUfavaaseera the'
return day thereof, Ne: f'&t$!&
such process to the clsJssuedihe.aame,
by or on the return day, wp laainiraiat
of his service, theae tf ai'4a hMsdme
amount of hkr fees U Bley Thai when
such procese shall lbeieetoi'iea'
may make return thereef ilqWHi!
clerk may charge Ue,peatafa.atta.nVBJ
amount in his fas bill. ; -. u : ni
tu town tjuH iU