RESIGNATIONS, VACANCIES, REMOVALS, ETC. 77 act repealed. SEC. 7. Sections 12, 13, 17, 18, 24, 25, 26, and so much of sec-_TITLE 1. tion 27 of the act entitled "An act relating to elections, and the Part of prior mode of supplying vacancies in office," passed January 29, 1854, as is inconsistent with this act, are, and the same is hereby repealed. SEC. 8. This act shall take effect, and be in force, from and after When its passage. take effect. to TITLE I. Of Resignations. SEC. 1. Resignations shall be made as follows: 1. By the treasurer of the territory, auditor of the territory, and Resignation. by all officers elected by the Legislature, to the governor. 2. By all officers who hold their offices by election, to the officer or officers respectively authorized by law to order a special election to fill such offices respectively; 3. By all other officers holding their offices by appointment, to the body, board or officer that appointed them. TITLE II. Of Vacancies. SEC. 2. Office, when vacant. 3. When the governor shall declare an office vacant. SEC. 2. Every office shall become vacant on the happening of Vacancies. either of the following events, before the expiration of the term of such office: 1. The death of the incumbent; 2. His resignation; 3. His removal; 4. His ceasing to be an inhabitant of the district, county, town or village for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; 5. His conviction of any infamous crime, or of any offence involving a violation of his oath; 6. His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath or bond within the time prescribed by law; 7. The decision of a competent tribunal, declaring void his election or appointment. TITLE 3. SEC. 3. The governor shall also declare vacant the office of every Governor officer required by law to execute an official bond, whenever a clare office judgment shall be obtained against such officer for a breach of the vacant. condition of such bond. when to de During re cess of Legislature. County commissioners tain vacan TITLE III. Of Supplying Vacancies. SEC. 4. When, and what vacant offices governor may fill by appointment. 5. What offices county commissioners may fill. 6. Officers appointed; how to qualify; their term of office. 7. This act, when to take effect. SEC. 4. Whenever a vacancy shall occur during the recess of the Legislature, in any office which the Legislature are authorized to fill by election, the governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office. SEC. 5. When at any time there shall be, in either of the offices may fill cer- of judge of probate, county clerk, sheriff, coroner or any county or precinct office, no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the county com missioners to perform the duties of either of said offices. cies. How to qual ify: term of office. Act, when to take effect, &c. Time and places of SEC. 6. Every such person so appointed, in pursuance of either of the two last preceding sections, shall, before proceeding to execute the duties assigned them, qualify in the same manner as re quired by law of the officers in whose place he shall be appointed; and he shall continue to exercise and perform the powers and du ties of the office to which he shall be appointed, until such vacancy shall be regularly supplied as provided by law. SEC. 7. This act shall take effect, and be in force from and after its passage. Passed January 11th, 1854. AN ACT to provide for holding the Supreme aud District Courts. SEC. 1. Time and place of holding Supreme Court. 2. Counties composing first, second and third judicial districts; residence of asso ciate judges. 3. Time and place of holding District Court. 4. Trial of criminal offences in District Court. 5. What causes, &c., judge of District Court at chambers may hear and determine. 6. When judges may exchange districts. 7. County of Tilamook and Yamhill, Coss and Umpqua attached for judicial pur poses. 8. This act, when to take effect. SECTION 1. Be it enacted by the Legislative Assembly of the territory holding Su- of Oregon, That a supreme court shall be held in Portland on the preme Court, second Monday of June, and in Salem on the second Monday of December in each year. First district SEC. 2. The counties of Marion, Linn, Lane, Benton and Polk, shall compose the first judicial district, and George H. Williams, chief justice, is assigned to reside therein. The counties of Clatsop, Washington, Clackamas and Yamhill, TITLE 8. shall compose the second judicial district, and Cyrus Olney, one of Second disthe associate justices, is assigned to reside therein. trict. trict. The counties of Umpqua, Douglas and Jackson, shall compose Third the third judicial district, and Obediah B. McFadden, one of the the associate justices, is assigned to reside therein. dis the different SEC. 3. District courts shall be held in the several counties, on Time for holding Disthe following Mondays, to wit: in Clatsop, the fourth in February trict Court in and August; in Clackamas, the first in March and September; in counties. Yamhill, the third in March and September; in Washington, the fourth in April and September; in Lane, the first in May and October; in Benton, the second in May and October; in Linn, the third in May and October; in Polk, the fourth in May and October; in Marion, the first in April and November; in Douglas, the third in May and November; in Umpqua, the fourth in May and November; in Jackson, the first in February, May, August and November. inal offences. SEC. 4. When any person shall be detained in prison or custody Trial oferim charged with a criminal offence, the judge of the district, and in case of vacancy, absence or other inability, then any other judge, may appoint and hold a district court for the indictment and trial of such prisoner, at which term all persons in actual custody shall be tried, who shall have received from the judge ten days' notice of the time of holding such court for their trial, and any other business may be done by consent of parties. judges at SEC. 5. The judges at chambers may hear and decide all causes Powers of and matters at law and in equity arising or pending in their re- chambers. spective districts, which do not require the intervention of a jury, taking care that the parties have due notice of the time and place of hearing; and at the request of both parties, may hold jury trials, and tax the expense as costs of suit. exchange SEC. 6. The judges may exchange districts, and hold courts for Judges may each other at pleasure, and when a vacancy shall happen, or a districts. judge shall be sick, absent or otherwise unable to serve, it shall bethe duty of the other judges to supply his place, so far as the same can be done without omitting any regular court in their own districts. SEC. 7. The county of Tillamook shall be attached to the county Tilamook & of Yamhill for judicial purposes, and the county of Coos shall be tached to Umpqua for judicial purposes. SEC. 8. This act to take effect from and after its passage. AN ACT supplemental to an act entitled, "an act to provide for holding the Supreme and District Courts. SEC. 1. When term of Supreme Court to be held at Jacksonville; proviso. 2. This act, when to take effect. Yamhill, Coos and Umpqua to be attached. Act to take effect. SEC. 1. Be it enacted by the Legislative Assembly of the Territory of Holding of Oregon, That there shall be held a term of the Supreme Court at Court Supreme at Jacksonville. TITLE & Jacksonville, in Jackson county, on the second Monday of July of each year; Provided, That if the clerk of the Supreme Court shall, within ten days next preceding the said second Monday of July, notify the judges of the Supreme Court that there are no writs of error pending for trial in said court, then it shall not be necessary for said judges to meet and hold a court at such term. Act to take effect. Terms of Supreme Court Judicial districts and SEC. 2. This act to take effect and be in force from and after its passage. Passed January 29th, 1854. AN ACT to amend the act to provide for holding the Supreme and SEC. 1. Supreme Court; when and where to be held. 2. Counties composing the three judicial districts; judges residing therein. 3. District Court; when and where to be held. 4. Trial; and grand jurors in Multnomah, how summoned; defendant served on second day of term; when to answer; witnesses when to be summoned. 5. "Part of an act" to provide for holding supreme and districts courts, repealed. 6. Act when to take effect. SEC. 1. Be it enacted by the Legislative Assembly of the Territory of Oregon, That the Supreme Court shall be held at the seat of gov ernment, on the first Monday in December, and at Portland, in the county of Multnomah, on the third Monday in June, in each year. SEC. 2. The counties of Clackamas, Marion, Linn, Lane, Benton judges. and Polk, shall compose the first judicial district, and Geo. H. Williams, chief justice, is assigned to reside therein. The counties of Clatsop, Columbia, Washington, Multnomah, Yamhill and Wasco, shall compose the second judicial district, and Cyrus Olney, one of the associate justices, is assigned to reside therein. The counties of Umpqua, Douglas, Coos and Jackson, shall compose the third judicial district, and M. P. Deady, one of the associate justices, is assigned to reside therein. Terms District Jurors of for SEC. 3. District courts shall be held in the several counties on the following Mondays:-In the first district, Clackamas, the first in March and third in September; Polk, the fourth in April and October; Benton, the first in May and October; Lane, the second in May and October; Linn, the third in May and October; Marion, the fourth in May and first in November. In the second district, Clatsop, the third in March and August; Columbia, the fourth in March and August; Washington, the first in April and September; Yamhill, the second in April and September; Multnomah, the third in January and April; and the fourth in July and October; Wasco, the second in July. In the third district, Jackson, the first in May, August and October; Douglas, the third in May and October; Umpqua, the fourth in May and October; Coos, the fourth in July. SEC. 4. In the county of Multnomah, only twelve trial jurors Multnomah. shall be summoned at each term, and grand jurors shall be sum therein. moned only at the April and October terms; and no term shall be CHAP. 1. held in January, eighteen hundred and fifty-five. A defendant in Proceedings said county, who shall be served with process before or on the second day of the term, shall be required to answer, and the issue shall be made up and the cause disposed of at that term, unless the issue is one of fact, and the court is satisfied that time beyond the term is necessary for the procuring of evidence; and in no case, except in admiralty, shall it be necessary to summon witnesses in said county until an issue of fact is formed. partly SEC. 5. So much of the act to which this is an amendment as Prior conflicts with this act, together with all of an act supplemental to pealed. an act entitled, "An act to provide for holding the supreme and district courts," be, and the same is hereby repealed. effect. act re SEC. 6. This act to take effect and be in force from and after its Act to take passage. AN ACT supplemental to an act to amend the act to provide for holding the Supreme and District Courts. SEC. 1. Tilamook and Polk joined for judicial purposes. 2. Act, when to take effect. SEC. 1. Be it enacted by the Legislative Assembly of the Territory of Oregon, That the county of Tilamook shall be, and the same is hereby attached to the county of Polk for judicial purposes, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. Tilamook & effect. SEC. 2. This act shall take effect and be in force from and after Act to take. its passage. Passed January 31st, 1855. AN ACT TO REGULATE PROCEEDINGS IN ACTIONS AT LAW IN THE |