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§ 927.

§ 928.

§ 929.

Such orders to be enforced in the district where cause is pending.
Courts not to be opened on certain days, except for special purposes.
If court appointed or adjourned to such day, to be deemed for the
next judicial day.

§ 930.

Courts, where to be held.

§ 931.

When trial may be had elsewhere than at court-house.

§ 932.

§ 933.

When and how judge may change the place of holding court.
When court may order sheriff to provide accommodations for court
and jury.

§ 934.

Persons bound to appear at the place appointed by judge.

§ 935. When judge does not attend how court adjourned.

§ 936.

§ 937.

Proceeding not affected by failure of term or vacancy in office.
Application to court or judge, how addressed.

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§ 939. Power of court or judge to adjourn judicial proceedings.

§ 940. Means to be used by court to execute its powers.

$897.

Sittings of

public. When may

§ 924. [898.] The sittings of every court of justice oct. 11, 1862, are public, except as provided in this section. Upon the agreement of the parties to a civil action, suit, or pro- court to be ceeding, filed with the clerk or entered upon the journal, the court may direct the trial of an issue of law or fact, be private. or any other proceeding therein, to be private; and upon such order being made, all persons shall be excluded, except the officers of the court, the parties, their witnesses and counsel.

See Constitution, art. 1, § 11.

Circuit judge

§ 925. Each of the several circuit judges of this state oct. 25, 1880, 51. shall have authority to hold circuit courts in any of the judicial districts of the state, where, for any reason, the may hold circuit judge elected for such district cannot attend, or is disqualified to try any cause pending therein at the time appointed for holding said court or trying said

cause.

Entitled "An act to authorize each of the several circuit judges of this state to hold courts and make orders to be enforced in all the judicial districts thereof," approved February 25, 1880. Laws of 1880, p. 48.

court in any district.

Oct. 25, 1880, § 2. Judges may make orders

§ 926. In the absence of any circuit judge from his judicial district, or from any county in such district, out of district. whereby inconvenience or delay would be occasioned in obtaining orders from him in any suit or action pending therein, or in case of his inability to act, any other circuit judge, whether within or without such district, may grant all necessary orders, to have effect in any cause pending therein, to all intents and purposes as if made by the circuit judge of the said district; provided, that the question shall not have been presented to or passed upon by any other circuit judge in this state.

Oct. 25, 1880, $3.

Same.

Orders, how enforced.

Feb. 21, 1887,§2.

days.

What legal business may be done on.

17 Or. 570.

See note to last preceding section.

§ 927. All such orders may be enforced in this [the] district where the same are pending by any of the circuit judges of this state.

See note to § 925.

§ 928. [899.] The courts of justice may be held, and Non-judicial judicial business transacted, on any day, except as provided in this section. No court can be opened, nor can any judicial business be transacted, on a Sunday, on the first day of January, on the first Saturday in June, on the fourth day of July, on Christmas day, on the thirtieth day of May, on a day on which a general election is held, or on a day appointed by the executive authority of the United States or of this state as a day of fasting or thanksgiving, except for the following purposes:

Oct. 11, 1862, § 500.

If court

1. To give instructions to a jury then deliberating on their verdict;

2. To receive the verdict of a jury;

3. For the exercise of the powers of a magistrate in criminal actions, or in proceedings of a criminal nature. Laws of 1887, p. 86.

§ 929. [900.] If any of the days mentioned in the appointed or last section happen to be a day appointed for holding a court, or to which it is adjourned, it is deemed apnext judicial pointed for or adjourned to the next judicial day.

adjourned for such day to

be deemed for

day.

$901.

§ 930. [901.] Every court of justice shall sit at the det. 11, 1832, place designated by law for that purpose, except as provided in the next two sections.

Courts, where to be held.

15 Or. 186.

902.

When trial

§ 931. [902.] Upon the agreement of the parties to oct. 11, 1862, a civil action, suit, or proceeding, filed with the clerk or entered upon the journal, the court may direct that the may be had trial of an issue of law or of fact, or any other proceed- than at ing therein, be had elsewhere within the county than at the court-house.

elsewhere

court-house.

§ 903. When and

may change

the place of

holding court.

§ 932. [903.] A judge authorized to hold or preside Oct. 11, 1862, at a court may, by an order filed with the clerk thereof, and published as he may prescribe, direct that the how judge court be held or continued at any other place in county than that appointed, when war, pestilence, or other public calamity, or the danger thereof, may render it necessary; and may, in the same manner, revoke the order, and in his discretion appoint another place in the same county for holding the court.

$ 904.

When court

sheriff to accommoda

and jury.

§ 933. [904.] If the proper authority neglects to pro- Oct. 11, 1862, vide any court with rooms, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of may order its business, and for the jury attending upon it, if there provide be one, the court may order the sheriff to do so, at the tion for court place within the county designated by law for holding such court; and the expense incurred by the sheriff in carrying such order into effect, when ascertained and ordered to be paid by the court, is a charge upon the county.

§ 905.

at place appointed by judge.

§ 934. [905.] When a court is held at a place ap- Oct. 11, 1862. pointed as provided by section 932 [903], every person Persons bound held or required to appear at the court shall appear at to appear the place so appointed. § 935. [906.] If no judge attend on the day appointed oct. 11, 1862, for holding a court, before four o'clock in the afternoon, the court shall stand adjourned until the next day at nine o'clock; and if no judge attend on that day, before four court o'clock in the afternoon, it shall then stand adjourned for the term.

§ 906.

When judge

does not

attend, how

adjourned.

Oct. 11, 1852, 107.

Proceeding not affected by failure of term or vacancy in office.

Oct. 11, 1862, $ 508.

Application to court or judge, how addressed.

Oct. 11, 1862, $10.

Proceedings to

§ 936. [907.] No proceeding in a court of justice, in any action, suit, or proceeding pending therein, is af fected by a vacancy in the office of any or all of the judges, or by the failure of a term thereof.

§ 937. [908.] An application or other proceeding addressed to a court shall be addressed to it by its style as given in this code; an application or other proceeding addressed to a judicial officer shall be addressed to him by his name, without any other title than his style of office.

§ 938. [909.] Every writing in any action, suit, or proceeding whatever, in a court of justice of this state, or be in English. before a judicial officer, shall be in the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals, in the customary manner. § 939. [910.] A court or judicial officer has power to adjourn any proceeding before it or him, from time to court or judge time, as may be necessary, unless otherwise expressly provided by this code.

Oct. 11, 1862, $10.

Power of

adjourn

proceedings.

9 Or. 198.

Oct. 11, 1862, $ 911.

Means to be

to execute

its powers.

§ 940. [911.] When jurisdiction is, by the organic law of this state, or by this code or any other statute, used by court conferred on a court or judicial officer, all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.

5 Or. 140.
8 Or. 272.
10 Or. 316.
12 Or. 207.
16 Or. 491.

This section was followed in Aiken v. Aiken, 13 Or. 615.

CHAPTER XII.

OF PERSONS SPECIALLY INVESTED WITH POWERS
OF A JUDICIAL NATURE.

TITLE I. OF JURIES, AND THE QUALIFICATIONS AND
EXEMPTIONS OF JURORS.

II.

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OF THE MANNER OF FORMING JURY LIST.
III. OF THE MANNER OF DRAWING AND SUM-

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$946. Other juries abolished; number of jury necessary to concur in ver

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$912.

§ 941. [912.] A jury is a body of men temporarily Oct. 11, 1862, selected from the qualified inhabitants of a particular

district, and invested with power,—

or,

1. To present or indict a person for a public offense;

2. To try a question of fact.

§ 942. [913.] A jury is of three kinds:

1. A grand jury;

2. A trial jury;

3. A jury of inquest.

Jury,

definition of

Oct. 11, 1862, 913.

Different kinds of juries.

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