V. VI. --- OF THE INCIDENTAL POWERS AND DUTIES OF THE SEALS OF THE COURTS OF JUSTICE. TITLE I. OF THE SUPREME COURT. § 872. Organization and jurisdiction; number of judges to do business. § 875. Payment of clerk's per diem. § 876. Clerk not to practice in supreme court. § 877. Appointment of crier and bailiffs; payment of officers. $ 872. Supreme court; organ ization and § 872. [862.] The supreme court is created and or- oct. 11, 1862, ·ganized, and its jurisdiction limited and defined, by the organic law of the state, article VII. of the constitution. The mode of bringing a cause into this court, and the jurisdiction of. mode of proceeding therein, is elsewhere provided in this Quorum. code. The presence of a majority of all the judges of the court is necessary for the transaction of any business therein, but any less number may meet and adjourn from day to day, or for the term, with the same effect as if all were present. Election and terms of office of the supreme judges: See title 1 of chapter 41 of Miscellaneous Laws, and see the Oregon Constitution, art. 7, ante, pp. 99 et seq. Jurisdiction of supreme court: See the Oregon Constitution, art. 7, § 6, ante, p. 100. The jurisdiction of Oct. 11, 1862, $862. Oct. 17, 1878, $4. Jurisdiction under act of 1878. Oct. 24, 1874, § 1. not reviewable in the supreme court: peal: Fassman v. Baumgartner, 3 Id. 469. Terms of supreme court: See the Oregon Constitution, art. 7, § 7, and note, ante, p. 100. § 873. The duties and jurisdiction of said supreme court and the judges thereof shall be such as are provided by the constitution and the laws. Laws of 1878, p. 31. This act is entitled "An act to provide for the election of supreme and circuit judges in distinct classes." For the remaining sections of the act, see the Miscellaneous Laws, post. See the preceding section. § 874. The supreme court in terin time, or a majority Appointment of the judges thereof in vacation, shall appoint a clerk of the court, who shall hold his office during the pleasure of such court. of clerk. Oct. 24, 1874, § 2. Payment of clerk's per diem. 11 Or. 395. Oct. 24, 1874, §3. Laws of 1874, p. 47. An act entitled "An act to provide for the appointment of a clerk of the supreme court, and provide for his compensation." § 875. The per diem due said clerk from the state, as provided by law, shall be ascertained by the court, and directed to be paid by an order of the court; and it shall be the duty of the secretary of state, on the presentation to him of a certified copy of such order, to draw his warrant on the state treasurer in favor of such clerk for the amount so directed to be paid, and he shall be allowed to charge and receive the same fees as are now allowed. the clerk of the supreme court. Laws of 1874, p. 47. See note to last preceding section. § 876. The clerk of the supreme court is prohibited, during his continuance in office, from acting, or having supreme court. a partner who acts, as an attorney in said court. Clerk not to practice in Feb. 25, 1889, 1. Laws of 1874, p. 47. See note to § 874. § 877. [863.] The court in term, or a majority of the judges thereof in vacation, shall appoint a clerk of the court, who shall hold his office during the pleasure of St. 1889. p. 139. such court or judges. The court may appoint a crier, Appointment of officers of. and such number of bailiffs for the term as may be necessary, and said bailiffs shall be executive officers of payment. the court. The legal fees of such clerk, crier, and bailiffs Feb. 25, 1889, § 1. for attendance on the court shall be ascertained by the Mode of court, and directed to be paid by an order of the court. The amount of such fees so ascertained and ordered are payable out of the state treasury, and it is the duty of the proper officer, on the presentation of a certified copy of such order, to draw his warrant on such treasury therefor. § 883. Division of circuit in fourth district into departments; assignment of § 891. When term appointed by judge; manner and effect of. § 892. Appointment and payment of its officers. 864. Circuit court etc. § 878. [864.] The circuit courts are created and or- Oct. 11, 1862, ganized, and their several jurisdictions limited and defined, by the organic law of the state, article VII. of the organization, constitution. The terms of the court are either those appointed by law, or others appointed by the judge of the court. Terms of court: See post, § 891 [865]. Oct. 17, 1878, § 7. jurisdiction § 879. The duties and jurisdiction of said circuit Duties and courts and the judges thereof shall be such as are pro- under act of vided by the constitution and the laws. St. 1878, p. 32. Oct. 17, 1878, §7. Oct. 24, 1882, 12. Election and term of office of circuit judges: See title 1 of chapter 41 of Miscellaneous Laws. Jurisdiction of circuit court. Where the jurisdiction is not vested exclusively in some other court, all remedies for the enforcement of legal rights belong to the circuit court, which, when no mode of proceeding is pointed out, may adopt any most conformable to the spirit of the code: Aiken v. Aiken, 12 Or. 203. The circuit courts having supervisory control of all inferior tribunals, in the absence of a specific law, a reasonable time will be allowed to bring up their proceedings by certiorari: Thompson v. Multnomah Co., 2 Id. 34. The circuit court has jurisdiction to revive a judgment of a justice's court, of which a transcript has been docketed in the judgment docket of the circuit court, in accordance with § 53 of the Justices' Code: Glaze v. Lewis, 12 Id. 347. The judge of the circuit court, in vacation, has no power to hear and determine charges of contempt for disobeying judgments or orders of court. The exclusive jurisdiction over such charges belongs to the court whose judgments or orders have been disobeyed, and can only be exercised during term: State v. McKinnon, 8 Id. 487. Where the circuit court adjourned a trial to enable a party to procure certified copies of certain papers from the records of the city of Oakland, which were essential and material to a meritorious defense, held, that the court did not abuse its power: Young v. Patton, 9 Id. 195. in the exercise of the supervisory control over assignees of insolvents, conferred upon circuit courts by the act of October 18, 1878, such courts exercise only a special statutory authority, and in the exercise thereof stand upon the same footing as courts of limited and inferior jurisdiction: In re Goldsmith, 12Id. 414. An order made by a circuit judge refusing leave to bring an action against a private corporation is not one from which an appeal will lie: State v. O. C. R. R., 2 Id. 255. The circuit court refused to entertain a bill to compel a plaintiff, who had obtained a decree of foreclosure in another district, to appear there and cancel the decree: Provost v. Millard, 3 Id. 370. A city ordinance which provides for punishing an act which is already a crime under the general laws of the state does not deprive the circuit court of its jurisdiction to indict and try persons who are guilty, under the ordinance, for a violation of the state law: State v. Bergman, 6 Id. 341. § 880. The duties and jurisdiction of the circuit courts of the sixth judicial district, and of the judge jurisdiction in thereof, shall be such as are provided by the constitution Duties and sixth district. Nov. 25, 1885, $5. Same, in seventh district. and the laws. Laws of 1882, p. 63. At the time of the passage of § 879, there were but five judicial districts in the state. The act of October 24, 1882, of which this section is a part, created the sixth district. It is entitled "An act to redistrict the state into judicial districts, and to provide for the time and place of holding the supreme, circuit, and county courts, and to repeal all acts in conflict therewith." § 881. The duties and jurisdiction of the seventh judicial district and of the judge thereof, and the duties of the prosecuting attorney thereof, shall be such as are provided by the constitution and the laws. Laws passed at the special session of 1885, p. 19. This act is entitled "An act creating the seventh judicial district of the state of Oregon, and providing for the appointment of a judge and prosecuting attorney thereof, and prescribing the time and place of holding the terms of the circuit courts of said district, and also of the fifth and sixth judicial districts." $2. Same, of § 882. The duties, jurisdiction, and powers of said Feb. 17, 1885, circuit judge [the additional circuit judge of the fourth district] shall be such as are prescribed by the constitu- additional tion and laws of the state, except as hereinafter other- district. wise expressly provided, and his salary shall be the same as that of other circuit judges, and payable in the same manner. Laws of 1885, p. 28. This is section 2 of an act entitled "An act to provide for an additional circuit judge for the fourth judicial district," approved February 17, 1885. judge in fourth § 3. Division of fourth district. § 883. The business of the circuit court of said dis- Feb. 17, 1885, trict shall be divided, and for convenience one division thereof shall be designated as department No. 1, and the circuit in other as department No. 2. All actions at law now pending in said circuit court, or that may hereafter be pending, including all actions commenced therein, or that may be brought there by appeal, or otherwise, from any inferior court, officer, or tribunal, or any other court, shall be heard and determined in department No. 1, in the same manner, to the same extent, and with like effect as though this act had not passed, except as herein otherwise expressly provided. All suits in equity and all applications to the equity side of the court now pending in said court, or that may hereafter be commenced or otherwise pending there, including appeals from the county courts in the nature of equitable proceedings, and all suits or proceedings in divorce and for the dissolution of the marriage contract, and partition, shall be heard and determined in department No. 2, in the same manner and to the same extent, and with like effect, as though this act had not passed, except as herein otherwise provided. All indictments now pending in said court, or that may hereafter be found or pending therein, and all criminal proceedings, and all business relating to criminal proceedings of every nature or description commenced or brought into said court, shall be transacted, heard, and determined in department No. 2, in the same manner and to the same extent, and with like effect as though |