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houses, jails, and other necessary public buildings for the Oct. 11, 1862, use of the county;

870.

County busiand power to

2. To provide offices and furniture, books, stationery, ness, authority fuel, and light therefor, for the sheriff, county clerk, and transact. treasurer, or other county officers;

3. To establish, vacate, or alter county roads or highways within the county, or any other necessary act relating thereto, in the manner provided by law;

4. To provide for the erection and repairing, within the county, of public bridges upon any road or highway established by public authority;

5. To license ferries and fix the rates of ferriage;

6. To grant grocery and all other licenses authorized by law, where the authority to do so is not expressly given to some other tribunal;

7. To estimate and determine the amount of revenue to be raised for county purposes, and to levy the rate necessary therefor, together with the rate required by law for any other purpose, and cause the same to be placed in the hands of the proper officer for collection;

8. To provide for the maintenance and employment of the county or transient paupers, in the manner provided by law;

9. To have the general care and management of the county property, funds, and business, where the law does not otherwise expressly provide;

10. To compound for or release in whole or in part any debt or damages arising out of contract due the county, and for the sole use thereof, upon such terms as may be just and equitable.

Jurisdiction of county court over county business. - The county court, when exercising the authority and powers pertaining to county commissioners in the transaction of county business, is a court of inferior or limited jurisdiction, and has only such jurisdiction, and can only exercise such powers as are expressly conferred or necessarily implied: Crossen v. Wasco Co., 10 Or. 111.

The "decisions" given or made in the transaction of county business referred to in § 902 [875] of the code, which can only be re-examined by writ of review under the subdivisions of § 896 [870], are judicial in their nature: Crossen v. Wasco Co., 10 Or. 111. The general care and management of the county funds and business confided to the county court under subdivision 9 of § 896 [S70], while it authorizes the county court, as repre

Oct. 11, 1862, 766.

Oct. 11, 1862,
Ø 871.

In judicial proceedings where the

sentative of the county, to pay the fees of officers for services rendered for the county, and perhaps all just and lawful claims against the county, does not necessarily imply the authority to audit and allow claims, in the judicial sense "to hear and determine," and its refusal to pay such fees, in whole or in part, is not the exercise of judicial functions, or a "decision" which can only be reviewed by the writ of review provided by the code: Crossen v. Wasco Co., 11 Ör. 111.

A board of county commissioners has no authority to require a sheriff to execute a new bond when a prior one shall become insufficient, and to declare the office vacant in case of a failure to file such new bond: Ruckles v. State, 1 Or. 347. The county court has no jurisdiction or authority to correct errors made by the assessor in the valuation of property: Shumway v. Baker Co., 3 Id. 246. In settling with the sheriff under subdivision 2, the county court acts merely as the fiscal agent of the county, and in performing that duty it acts precisely as would the agent of a private corporation, and for that purpose it does not constitute a court in the proper sense: Crossen v. Wasco Co., 10 Id. 112. The county court has no jurisdiction to try questions of title or rights aris

ing out of the exercise of eminent domain: C. & G. R. Co. v. Douglas Co., 5 Id. 280.

The statute prescribes the mode of proceeding in laying out roads. The county court, under it, has no power over the subject-matter until the prescribed petition and proof of notice is presented: Johns v. Marion Co., 4 Or. 46. In application for laying out highways, the public notice and the petition of twelve householders are jurisdictional facts: Thompson v. Multnomah Co., 3 Id. 34.

When the county court has exer cised its authority by granting a license at the suggestion of the public convenience, and a ferry is established connecting such highway or places, it has exhausted its jurisdiction as to such highways or places while such franchise exists, and cannot license another ferry at substantially the same place. The primary object of our statute conferring jurisdiction upon county courts to license ferries is to secure the public accommodation; the right to take tolls is conferred as an equivalent for the obligation to accommodate the traveling public. Although the right to take tolls is privati juris and incident to the franchise, a ferry is publici juris and cannot be created without a license: Hackett v. Wilson, 12 Or. 25.

§ 897. [871. All actions, suits, or proceedings by or against a county are in the name of such county, but the county is represented by the county court, and such court has authority and power to control and direct the sented by the proceeding therein, as if it were plaintiff or defendant,

county is a party repre

county court.

Feb. 23, 1885, $1.

Transfer to circuit court.

as the case may be.

Section followed in Weiss v. Jackson, 9 Or. 470, as to bringing the action in the name of the county.

§ 898. Any proceedings commenced in the county court, whether actions at law or proceedings in probate, in which the county judge is a party or directly interested, may be certified to the circuit court in and for the county in which proceeding may be pending, where the action at law shall be proceeded with, as upon appeal from the county to the circuit court; if the matter be a matter in probate, then all of the original papers, and

$1.

the proceedings had shall be certified to the circuit Feb. 23, 1885, court, and the judge of said circuit court shall proceed Transfer to in the manner now prescribed for the county judge had circuit court. the same remained in said court.

An act entitled "An act to provide for the transfer of proceedings from the county court to the circuit court in certain cases: "Laws of 1885, p. 64.

$872.

County court,

when holden; of terms by

appointment

§ 899. [872.] The county court is held at such times oct. 11, 1862, as may be appointed by law, and at such other times as the court in term, or the county judge in vacation, may appoint, in like manner and with like effect as the circuit court or judge thereof is authorized by section 891 [865].

Terms of court: See note to § 891 [865], ante.

court or judge.

$ 873.

When county

continued on

§ 900. [873.] When in the transaction of county Oct. 11, 1862, business only two of the persons authorized to hold the court are present, and there shall be a disagreement be- business tween them, upon any question or matter before them, account of the same shall be continued until the next term, or until court. the third person authorized to sit is present.

division of

§ 874.

§ 901. [874.] The county court has the same power Oct. 11, 1862, and authority to appoint a crier and bailiffs as the circuit court, and shall ascertain and order the payment of and payment their legal fees therefor in like manner and with like effect.

Appointment of its officers.

$875.

Appeal and review of decounty court.

cisions of the

§ 902. [875.] The provisions of title IV. of chapter Oct. 11, 1862, VI. relating to appeals are intended to apply to judg ments and decrees of the county court in all cases, but not to its decisions given or made in the transaction of county business. In the latter case, the decisions of the court shall only be reviewed upon the writ of review provided by this code.

Appeal and review. - No appeal lies from the decision of the county court in the transaction of county business, but such decision may be reviewed on writ of error: Mountain v. Multnomah Co., 8 Or. 470; but the decisions here referred to are only those which are judicial in their nature: Crossen v. Wasco Co., 10 Id. 111. As to what decisions are of this nature, see the note to § 896 [870], ante. So

on the other hand, under sections 525
and 875 of the code, the writ of re-
view will not lie to bring up for re-
view the proceedings of the county
court in a civil action: Broback v.
Huff, 11 Id. 395. In all appeals from
the county courts no other or differ-
ent issues than those upon which judg-
ment was rendered in the court below
can be heard in the appellate court:
Cain v. Harden, 1 Id. 360.

Oct. 11, 1862,
Ø 876.

§ 903. [876.] The business of the court at each term shall be docketed and disposed of in the following docketing and order:

Order of

disposition of business.

Oct. 11, 1862, § 877.

For what

always open.

1. Cases at law, including motions or other proceedings connected therewith;

2. The business pertaining to a court of probate as defined and specified in section 895 [869];

3. County business.

The proceedings and records of the court pertaining to or concerning the three classifications of business specified in subdivisions of this section shall be entered and kept in separate books.

§ 904. [877.] The court is always open for the transaction of the business mentioned in subdivision 2 of

business court the last section, whenever the particular proceeding or transaction is authorized to be had or done without the presence of or notice to another.

Other

jurisdiction

Oct. 24, 1882, § 1. § 905. [878.] The county judge of any county of this state shall grant preliminary injunctions or orders and authority. in any suit in the circuit court commenced in such county, upon application to him by the plaintiff or his attorney, duly made in the manner prescribed by title III., of chapter V., of the Code of Civil Procedure, which order of injunction shall by him be made returnable to the circuit court of such county where said suit is commenced, to be then heard and determined, and such county judge has such other jurisdiction, authority, and power as is elsewhere expressly given to it or him by this code or other statute.

Laws of 1882, p. 59.

TITLE IV.

OF JUSTICE'S COURT.

§ 906. Justice's court, definition of, and where and by whom holden.

§ 907. Mode of proceeding and rules of evidence in.

§ 908. Jurisdiction of justice's court.

§ 909. Same subject.

§ 910. Where action may be commenced.

$879.

Justice's

§ 906. [879.] A justice's court is a court held by a Oct, 11, 1862, justice of the peace, within the precinct for which he may be chosen. There are no particular terms of such court, definicourt, but the same is always open for the transaction and by whom of business, according to the mode of proceeding prescribed for it.

tion of; where

holden.

6 Or. 246.

$ 880.

Mode of

§ 907. [S80.] The mode of proceeding and the rules Oct. 11, 1862, of evidence are the same in a justice's court as in a like action or proceeding in a court of record, except where proceeding. otherwise specially provided.

6 Or. 245. 12 Or. 321.

$881.

Jurisdiction

§ 908. [881.] A justice's court has jurisdiction, but Oct. 11, 1862, not exclusive, of the following actions:1. For the recovery of money or damages only, when of justice's the amount claimed does not exceed two hundred and fifty dollars;

2. For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed two hundred and fifty dollars;

3. For the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding two hundred and fifty dollars;

4. Also, to give judgment without action, upon the confession of the defendant for any of the causes specified in this section, except for a penalty or forfeiture. imposed by statute.

Jurisdiction of justices' courts. -In prescribing the limit of the amount or value over which justices' courts have jurisdiction, the legislature is not restricted to the amount to which such jurisdiction extended at the time of the adoption of the constitution. The constitution, by authorizing the legislature to invest justices of the peace with "limited jurisdiction" without defining what

that limitation should be, left it en-
tirely to the discretion of the legisla
ture: Noland v. Costello, 2 Or. 56.
The amount claimed, and not the
amount recovered, is the test of juris-
diction: Eby v. Engle, 1 Wash. 72. In
forcible entry and detainer, justices'
courts have jurisdiction to the exclu-
sion of circuit courts: Thompson v.
Wolf, 6 Or. 308.

court.

12 Or. 321.

$882.

§ 909. [882.] The jurisdiction conferred by the last Oct. 11, 1862, section does not extend, however,

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Jurisdiction

1. To an action in which the title to real property shall not to include

come in question;

2. To an action for false imprisonment, libel, slander,

certain cases.

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