PART V.

State of Oregon.

Prepared Expressly for this Work by Dolph, Bellinger, Malony and Simon, Portland, Oregon.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The judicial power of the State is vested in a Supreme Court, Circuit Courts and County Courts, which are Courts of record.

Justices of the Peace are invested with limited judicial powers, and Municipal Courts may be created to administer the regulations of incorporated towns and cities.

The Supreme Court consists of three Justices, who are elected by the electors throughout the State, and who hold their offices for six years.

The Supreme Court has jurisdiction only to revise the final decisions of the Circuit Courts.

There are one or more Circuit Judges in each Judicial District, who hold their offices for six years, and are elected by the electors in each District.

The Circuit Courts are held at least twice in each year, in each county, organized for judicial purposes, by a Circuit Judge of the District wherein such county is situate. All judicial power, authority and jurisdiction not vested exclusively in some other Court belongs to the Circuit Courts, and they have appellate jurisdiction and supervisory control over the

County Courts, and all other inferior Courts, officers and tribunals.

County Courts have jurisdiction, but not exclusive, of actions at law, and all proceedings therein and connected therewith, when the claim or subject of the controversy does not exceed the value of five hundred dollars.

Justices' Courts have jurisdiction, but not exclusive, of the following actions:

1. For the recovery of money or damages only, where the amount claimed does not exceed $250.

2. For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $250.

3. For the recovery of a penalty or forfeiture, not exceeding $250.

4.

To give judgment without action upon the confession of the defendant.

The jurisdiction does not, however, extend to an action in which the title to real property shall come in question, or to an action for false imprisonment, libel, slander, malicious prosecution, criminal conversation, seduction, or upon a promise to

marry.

CHAPTER II.

TERMS OF COURT, WHEN AND WHERE HELD.

The following are the times and places of holding Courts, both Federal and State, in the several counties and districts of the State.

United States Circuit Court, District of Oregon.

Regular terms are held at Portland on the second Monday in April and first Monday in October.

Judges: Hon. Stephen J. Field, Associate Justice of the Supreme Court, and Hon. Lorenzo Sawyer, Circuit Judge; Clerk, R. H. Lamson; Marshal, John Meyers.

United States District Court, District of Oregon.

Regular terms held at Portland on the first Monday of March, July and November.

Judge, Hon. Matthew P. Deady; Clerk, R. H. Lamson; Marshal, John Meyers; U. S. District Attorney, L. L. McArthur; Register in Bankruptcy, H. H. Northup.

Supreme Court of Oregon.

The Supreme Court consists of three Judges: Chief Justice, Hon. W. W. Thayer; Associate Justices, Hon. W. P. Lord and Hon. R. S. Strahan.

Regular terms held at Salem on the first Monday in March and October of each year, and at Pendleton on the first Monday in May of each year.

Circuit Judges: 1st District, Hon. L. R. Webster; 2d District, Hon. R. S. Bean; 3d District, Hon. R. P. Boise; 4th District, Hon. E. D. Shattuck and L. B. Stearns; 5th District, Hon. F. J. Taylor; 6th District, Hon. L. B. Ison and J. A. Fee; 7th District, Hon. J. H. Bird.

Circuit Courts of the State of Oregon.

COUNTIES.

TIMES OF HOLDING.

Baker....

Benton...

Clackamas.
Clatsop....
Columbia
Coos....

Crook

First Monday in December, first Monday in June.
Second Monday in April, second Monday in November.
Third Monday in April, first Monday in November.
Third Monday in February, June and September.

First Tuesday after second Monday in May and October.
First Monday in May, first Monday in October.

First Monday in May, third Monday in September.

Third Monday in September.

Third Mon. in March, fourth Mon. in June, and first Mon. in December.
Second Monday in April, third Monday in September.

First Monday in March, first Monday in September.

Third Monday in May, second Monday in October.

First Monday in April, September and December.
First Monday in March and August.

Second Monday in June, and first Monday in November.

Third Monday in May, second Monday in October.

First Mon. in March, second Mon. in June, and fourth Mon. in October.
Second Mon. in March, fourth Mon. in June, and fourth Mon. in October.
Second Monday in January, fourth Monday in June.

Second Monday in February, June and October.

Fourth Monday in March, first Monday in September.

Third Mon. in January, first Mon. in May, and first Mon. in September.

Second Monday in May, first Monday in December.

Second Monday in March, first Monday in October.

Fourth Monday in August.

Third Monday in January, May and September.

Second Monday in February, fourth Monday in September.

Third Monday in April, third Monday in October.

Second Mon. in February, fourth Mon. in May, and second Mon. in Nov.
Third Mon. in March, third Mon. in July, and fourth Mon, in November.
Fourth Monday in March, and fourth Monday in September.

Terms of the County Courts.

The terms of the County Courts of the several counties shall be held annually as follows:

In the Counties of Josephine, Curry, Coos, Columbia, Clatsop and Wallowa, on the first Monday in January, April, July and September.

In the Counties of Grant, Baker, Lake, Douglas, Crook, Morrow, Gilliam, Malheur, Tillamook, Umatilla, Klamath and Wasco, on the first Monday in January, March, May, July, September and November.

In the Counties of Linn, Jackson, Lane, Benton, Polk, Marion, Washington, Yamhill, Clackamas and Multnomah, on the first Monday of each month.

In the County of Union on the first Monday in January, March, July, September and November.

In the County of Harney on the first Monday in April, June, August, October, December and February.

In the County of Sherman on the first Monday in January, April, July and October.

CHAPTER III.

COMMENCEMENT OF SUITS.

Actions at law are commenced by filing a complaint with the Clerk of the Court.

At any time after the action is commenced the plaintiff may cause a summons to be served on the defendant.

The summons must contain the name of the Court in which the complaint is filed, the names of the parties to the action, and the title thereof; it must be subscribed by the plaintiff or his attorney, and directed to the defendant, and require him to

appear and answer the complaint, or the plaintiff will take judgment for a sum specified therein.

If the defendant be served within the county in which the action is commenced, he must appear and answer the complaint within ten days from the date of service; but if served in any other county in the State, he must appear and answer the complaint within twenty days from the date of service.

CHAPTER IV.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the recovery of real property, or an estate, or interest therein, or for injury thereto, and for the recovery of any personal property distrained for any cause, shall be commenced and tried in the county in which the subject of the action, or some part thereof, is situated.

In all other cases the action shall be commenced and tried in the county in which the defendants or either of them reside, or may be found at the commencement of the action. If none of the parties reside in this State, the same may be tried in any county which the plaintiff may designate in his complaint.

CHAPTER V.

LIMITATION OF ACTIONS.

The periods prescribed for the commencement of actions are as follows:

Within Ten Years:

Actions for the recovery of real property, or for the recovery of the possession thereof.