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Oct. 11, 1862, $940.

Commissioner, how appointed; tenure of office, powers. and duties.

Oct. 11, 1862, 941.

Seal and oath

and where

filed.

for four years, and may, within the state, territory, or district for which they are appointed, and not otherwise, take and certify,

1. The proof or acknowledgment of a conveyance of real property within this state, or of any other written instrument to be used or operate therein;

2. The acknowledgment of satisfaction of any judg ment or decree of a court of this state;

3. An affidavit or deposition to be used in any court of justice or before any judicial officer of this state; and,

4. To exercise any other power, and perform any other duty, conferred or imposed upon them by this code or other statutes.

§ 972. [941.] A commissioner appointed under the last section shall, before he can exercise the powers therein of office, when conferred, provide himself with a seal of office, with the arms of this state engraved in the center thereof, and with the following inscription surrounding the same: "Commissioner for Oregon,-"; the blank following the word "Oregon" to be filled with the name of the state, territory, or district for which such commissioner is appointed, and take and subscribe an oath before a judicial officer in the county, city, or town where he resides, faithfully to perform the duties of the office of a commissioner to take affidavits, depositions, and the proof and acknowledgment of deeds, out of this state, according to the laws thereof, and file such oath and an impression of such seal in the office of the secretary of this state.

CHAPTER XIII.

OF THE MINISTERIAL OFFICERS OF THE COURTS
OF JUSTICE.

TITLE I.-OF DISTRICT ATTORNEYS.

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V. OF THE ASSIGNMENT OF THE JAIL, PRISONERS,
AND PROCESS TO A NEW SHERIFF.

VI. OF MISCELLANEOUS PROVISIONS RESPECTING
SHERIFFS AND THEIR OFFICERS.

VII.-OF CORONERS AND CRIERS.

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§ 983. Annual report to secretary of state.

§ 984. Court may appoint another in his absence.

§ 973. [942.] The district attorney in each district is Oct. 11, 1862,

the public prosecutor therein.

$942.

District attor

ney is the pub1a., § 943.

lic prosecutor.

§ 974. [943.] He shall attend the terms of all courts having jurisdiction of public offenses within his district, and conduct, on behalf of the state, all prosecutions for Must attend such offenses therein.

courts.

§ 975. [944.] He shall institute proceedings before 1a., $944. magistrates for the arrest of persons charged with or

Oct. 11, 1862, $944.

reasonably suspected of public offenses, when he has information that any such offense has been committed, before magis and attend upon and advise the grand jury when re

Duties as to

proceedings

trates and

grand jury.

Oct. 11, 1862, $945.

To prosecute for penalties and defend when state party.

6 Or. 466.

Oct. 11, 1862, $946.

Duties in suit for divorce.

Oct. 11, 1862, $947.

Must deliver receipt for

quired.

§ 976. [945.] He shall prosecute for all penalties and forfeitures to the state, which may be incurred in any county in his district, and for which no other mode of prosecution and collection is expressly provided by statute, and in like case, prosecute or defend, as the case may be, all actions, suits, or proceedings in any county in his district to which the state or such county may be a party.

District attorney should sue on undertaking given as bail, in criminal cases: Hannah v. Wells, 4 Or. 249.

Suit to foreclose mortgage given to school land commissioners is to be brought in the name of the state, and the district attorney must

prosecute or defend the same, as the case may be: Claim of Ison, 6 Or. 404. In the latter case it was held that the district attorney is entitled to a fee therefor under § 1073 of the code, but the contrary is held in Hazzard's Appeal, 9 Id. 366.

§ 977. [946.] In any suit for the dissolution of the marriage contract, or to have the same declared void, the state is to be deemed a party defendant, and the party plaintiff in such suit shall cause the summons to be served upon the district attorney of the district within which the suit is commenced at least ten days before the term at which the defendant is required to appear and answer. It shall be the duty of such district attorney, so far as may be necessary to prevent fraud or collusion in such suit, to control the proceedings on the part of the defense, and in case the defendant does not appear therein, or defend against the same in good faith, to make a defense therein on behalf of the state.

§ 978. [947.] When he receives money or property in his official capacity, he shall deliver a receipt therefor to the person from whom he receives it, and file a duceived by him. plicate thereof with the treasurer of the county for which the same is received.

money re

Id., § 948.

Must file

account with

County treasurer.

§ 979. [948.] He shall, on or before the first Monday in January and July of each year, file in the office of the county treasurer of the proper county an account in

$ 948.

writing, verified by his own oath, of all money received oct. 11, 1862, by him in his official capacity during the preceding halfyear, and shall at the same time pay it over to such county treasurer.

$949.

Action against

to pay over money.

$950.

§ 980. [949.] If he refuse or neglect to account for Oct. 11, 1862, and pay over money so received, as required by the last section, the county treasurer shall commence an action him for failure against him therefor in the name of the county. § 981. [950.] He shall not receive any fee or reward Oct. 11, 1862, from any private person for his services in any criminal action, nor during the pendency of such prosecution can he act as attorney for either party in any civil action, suit, or proceeding involving substantially the same controversy.

When not to

receive fee or

act as attorney

in civil action.

§ 951.

Must keep a

register and

deliver it to

§ 982. [951.] The district attorney must keep a regis- Oct. 11, 1862, ter of his official business, in which he shall make a note of every action, suit, or proceeding commenced or defended by him in his official capacity, and the proceedings therein. The register shall, at the expiration of his term of office, be delivered by him to his successor in office.

his successor.

$952.

of state.

§ 983. [952.] He shall, on or before the first Monday Oct. 11, 1862, in September of each year, file in the office of the secre- Annual report tary of state a written report of the amount and kind of to secretary official business by him transacted during the preceding year; specifying therein the number of persons indicted for public offenses, the number tried therefor, the result thereof, and the punishment awarded, together with such particular statements and suggestions as he may deem useful and interesting.

appoint

his absence.

§ 984. [953.] If the district attorney fail to attend Feb. 20, 1891, §1. any court at which he is required to be, or shall be re- court may lated to the accused by consanguinity or affinity, such another in court shall appoint another person to perform the duties of such attorney during his absence, or the trial or inves- St 1891, p. 97. tigation of such accused, who shall receive the legal fees for the business which he may transact at such time, and a reasonable compensation for his attendance, to be paid from the county treasury upon the order of the court.

§ 985.

§ 986.

TITLE II.

OF CLERKS.

Office of clerk of supreme court, where kept and how furnished.
Office of county clerk, where kept.

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Oct. 11, 1862, 954.

Office of clerk

of supreme

court, where

furnished.

§ 990. Duties of clerks.

§ 985. [954.] The office of the clerk of the supreme court is kept at the seat of government, in such building or room thereat as such court may by order designate. kept and how The rent thereof, and the cost of such fuel, lights, books, and stationery as may be necessary therefor, shall be ascertained and ordered to be paid by such court, from the treasury of the state, in the same manner as the compensation of the crier and bailiffs of such court is ascertained and paid.

Oct. 11, 1862, 955.

Office of

§ 986. [955.] The office of the county clerk is kept in such building or room at the place appointed by law county clerk, for holding the courts therein as the county court may by order designate.

where kept.

Oct. 11, 1862, $156.

Office hours.

Oct. 11, 1862, $957.

Any clerk may

§ 987. [956.] Each clerk shall keep his office open for the transaction of business as follows:

1. A county clerk, on every judicial day, from eight to twelve in the forenoon, and from one to five in the afternoon;

2. The clerk of the supreme court, as such court may by order direct.

§ 988. [957.] Each county clerk and the clerk of the supreme court may have a deputy, to be appointed by have deputy. such clerk in writing, and to continue during his pleasure. Such deputy has the power to perform any act or duty relating to the clerk's office that his principal has, and his principal is responsible for his conduct.

How appointed.

Deputy county clerk. As duties of a county clerk are not only ministerial but quasi-judicial, the appointment of a deputy having the

powers of a county clerk must be expressly authorized by statute: State v. Smith, 1 Or. 250.

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