TITLE 6
JUSTICE COURTS
Chapter 51. Justice Courts; Jurisdiction
52. Civil Actions
53. Appeals in Civil Actions
54. Juries
55. Small Claims
_______________
Chapter 51 — Justice
Courts; Jurisdiction
2011 EDITION
JUSTICE COURTS; JURISDICTION
JUSTICE COURTS
ORGANIZATION AND JURISDICTION
51.010 Justice
court defined; no terms of court; court always open for business
51.020 Justice
of the peace districts; establishing and modifying boundaries; maximum number
of districts
51.025 Justice
court as court of record
51.028 Justice
court ceasing operation as court of record
51.035 Justice
of peace as municipal judge
51.037 Agreement
between city and county for provision of judicial services
51.050 Criminal
jurisdiction; transfer to circuit court
51.070 Crimes
triable in justice court
51.080 Civil
jurisdiction of justice court
51.090 Civil
jurisdiction not to extend to certain actions
51.100 Where
action may be commenced in civil cases
51.110 Records
and files of a justice court
51.120 Justice
court docket
51.130 Disposition
of docket and files; docket and files are public writings
51.140 Office,
courtroom and clerical assistance; books, office equipment and supplies
JUSTICES OF THE PEACE
51.210 Each
district to elect one justice
51.230 At
what election justice to be elected
51.240 Qualifications
for office; principal office
51.245 Continuing
education
51.250 Time
when term begins; filing certificate of election, oath of office and
undertaking
51.260 Filling
vacancy; temporary appointment; appointment during justice’s vacation
51.270 Form
of justice’s undertaking
51.280 Qualifications
of sureties; filing justification
51.300 Temporary
service by circuit court judge or other justice of the peace
FEES AND FINES
51.310 Schedule
of fees; payment of fees to county treasurer
51.340 Monthly
report of fines collected
CONSTABLES
51.440 Appointment
of constables; term; removal
51.450 Qualifications
for office
51.460 Oath
and undertaking; amount of undertaking
51.470 Form
of undertaking
51.480 Qualifications
of sureties
51.490 Filling
vacancies; qualifying for office
51.500 Deputies;
appointment; revocation; oath of office; authority and powers; compensation
51.540 Civil
fees collected in advance; payment to county treasurer
51.550 Office;
clerical assistance; books, office equipment and supplies
ORGANIZATION AND JURISDICTION
51.010 Justice court defined; no terms of
court; court always open for business. A justice
court is a court held by a justice of the peace within the justice of the peace
district for which the justice of the peace may be chosen. There are no
particular terms of such court, but the same is always open for the transaction
of business, according to the mode of proceeding prescribed for it.
51.020 Justice of the peace districts;
establishing and modifying boundaries; maximum number of districts.
(1) The county court or board of county commissioners of every county may set
off and establish, or modify the boundaries of, justice of the peace districts
within the county. No more than six justice of the peace districts shall be set
off or established or permitted to remain in existence within any county.
Except in the counties of Baker, Gilliam, Grant, Harney, Morrow, Sherman,
Tillamook and Wheeler, a justice of the peace district may not include any
portion of the city that is the county seat for the county or any portion of a
city in which a circuit court regularly holds court. In the counties of Baker,
Gilliam, Grant, Harney, Morrow, Sherman, Tillamook and Wheeler, a justice of
the peace district in existence on January 15, 1998, may include any portion of
the city that is the county seat for the county, or any portion of a city in
which a circuit court regularly holds court, until such time as the justice
court ceases to provide judicial services within the county seat or city. If
the justice court ceases to provide judicial services within the county seat or
city, the district that includes portions of the county seat or city shall
cease to exist and may not thereafter be reestablished.
(2)
At the time that the county court or board of county commissioners of a county
sets off and establishes the boundaries of a justice of the peace district, the
county court or board of county commissioners may require as a qualification for
the office that a person serving as justice of the peace in the district be a
member of the Oregon State Bar.
(3)
The prohibition of subsection (1) of this section on a justice of the peace
district that includes any portion of the city that is the county seat for the
county, or any portion of a city in which a circuit court regularly holds
court, does not prevent a justice of the peace from conducting an arraignment
for a person in custody in the city that is the county seat for the county, or
in a city in which a circuit court regularly holds court, if the accusatory
instrument for the offense was filed in the justice court and the offense was
committed within the boundaries of the justice of the peace district. [Amended
by 1965 c.568 §5; 1995 c.658 §53; 1997 c.801 §105; 1999 c.449 §1; 2011 c.420 §1]
51.025 Justice court as court of record.
(1) Except as provided in subsection (7) of this section, any justice court may
become a court of record by:
(a)
The passage of an ordinance by the governing body of the county in which the
court is located; and
(b)
The entry of an order by the Supreme Court acknowledging the filing of the
declaration required under subsection (2) of this section.
(2)
Before a justice court may become a court of record, the governing body of the
county in which the court is located must file a declaration with the Supreme
Court that includes:
(a)
A statement that the justice court satisfies the requirements of this section
for becoming a court of record;
(b)
The address and telephone number of the clerk of the justice court; and
(c)
The date on which the justice court will commence operations as a court of
record.
(3)
The Supreme Court may not charge a fee for filing a declaration under
subsection (2) of this section. Not later than 30 days after a declaration is
filed under subsection (2) of this section, the Supreme Court shall enter an
order acknowledging the filing of the declaration and give notice of the order
of acknowledgment to the county and the public.
(4)
The county shall provide a court reporter or an audio recording device for each
justice court made a court of record under this section.
(5)
The appeal from a judgment entered in a justice court that becomes a court of
record under this section shall be as provided in ORS chapters 19 and 138 for
appeals from judgments of circuit courts.
(6)
As a qualification for the office, the justice of the peace for any justice
court that becomes a court of record must be a member of the Oregon State Bar.
(7)
A justice court may not become a court of record under the provisions of this
section if the court is located within 50 driving miles of the circuit court
for the county in which the justice court is located, measured by the shortest
distance by public roads between the justice court and the circuit court. [1999
c.682 §1; 2007 c.330 §1]
Note:
Section 4, chapter 682, Oregon Laws 1999, provides:
Sec. 4.
Sections 1 (3) and 3 (3) of this 1999 Act [51.025 (3) and 221.342 (3)] do not
affect the term of office of any justice of the peace or municipal judge
serving on the effective date of an ordinance passed for the purpose of making
a justice court or municipal court a court of record. Any justice of the peace
or municipal judge elected or appointed after the effective date of the
ordinance must, as a qualification for the office, be a member of the Oregon
State Bar. [1999 c.682 §4]
51.028 Justice court ceasing operation as
court of record. (1) Any justice court that has
become a court of record under ORS 51.025 may cease to operate as a court of
record only if the governing body of the county in which the court is located
files a declaration with the Supreme Court identifying the date on which the
justice court will cease operation as a court of record. The date identified in
the declaration may not be less than 31 days after the date the declaration is
filed.
(2)
The Supreme Court may not charge a fee for filing a declaration under
subsection (1) of this section. Not later than 30 days after a declaration is
filed under subsection (1) of this section, the Supreme Court shall enter an
order acknowledging the filing of the declaration and give notice of the order
of acknowledgment to the county and the public.
(3)
The appeal from a judgment entered in a justice court after the date identified
in a declaration filed under this section shall be as provided in ORS 53.005 to
53.125 and ORS chapter 157. [2007 c.330 §2]
51.030
[Amended by 1963 c.614 §3; repealed by 1997 c.487 §2 and 1997 c.801 §106]
51.035 Justice of peace as municipal
judge. Except as provided in ORS 3.136, any
city situated wholly or in largest part within the boundaries of a justice of
the peace district may enter into an agreement pursuant to ORS 190.010 with the
county in which the justice of the peace district is located providing that the
justice court for the district shall have all judicial jurisdiction, authority,
powers, functions and duties of the municipal court of the city and the judges
thereof with respect to all or any violations of the charter or ordinances of
the city. [1975 c.713 §1]
51.037 Agreement between city and county
for provision of judicial services. Any city may
enter into an agreement pursuant to ORS 190.010 with the county in which a
justice of the peace district is located for the provision of judicial
services. A justice of the peace providing services to a city pursuant to such
an agreement shall have all judicial jurisdiction, authority, powers, functions
and duties of the municipal court of the city and the judges thereof with respect
to all and any violations of the charter or ordinances of the city. Unless the
agreement provides otherwise, and subject to the provisions of ORS 153.640 to
153.680, all fines, costs and forfeited security deposits collected shall be
paid to the prosecuting city, and the city shall reimburse the county providing
judicial services for expenses incurred under the agreement. The exercise of
jurisdiction under such an agreement by a justice of the peace shall not
constitute the holding of more than one office. [1989 c.679 §2; 1999 c.1051 §243;
2011 c.597 §120]
51.040
[Amended by 1971 c.743 §312; 1979 c.777 §43; 1987 c.907 §13; repealed by 1999
c.605 §8 and 1999 c.1051 §42]
51.050 Criminal jurisdiction; transfer to
circuit court. (1) Except as otherwise provided in
this section, in addition to the criminal jurisdiction of justice courts
already conferred upon and exercised by them, justice courts have jurisdiction
of all offenses committed or triable in their
respective counties. The jurisdiction conveyed by this section is concurrent
with any jurisdiction that may be exercised by a circuit court or municipal
court.
(2)
In any justice court that has not become a court of record under ORS 51.025, a
defendant charged with a misdemeanor shall be notified immediately after
entering a plea of not guilty of the right of the defendant to have the matter
transferred to the circuit court for the county where the justice court is
located. The election shall be made within 10 days after the plea of not guilty
is entered, and the justice shall immediately transfer the case to the
appropriate court.
(3)
A justice court does not have jurisdiction over the trial of any felony. Except
as provided in ORS 51.037, a justice court does not have jurisdiction over
offenses created by the charter or ordinance of any city. [Amended by 1963
c.513 §3; 1969 c.180 §1; 1971 c.743 §313; 1973 c.625 §1; 1995 c.658 §55; 1999
c.605 §1; 1999 c.682 §10; 1999 c.1051 §41]
51.060
[Amended by 1957 c.644 §27; 1971 c.743 §314; repealed by 1999 c.605 §8 and 1999
c.1051 §42]
51.070 Crimes triable
in justice court. A crime is triable
in a justice court when, by the provisions of ORS 131.205 to 131.325, an action
may be commenced therefor in the county where such
court is held. [Amended by 1973 c.836 §328]
51.080 Civil jurisdiction of justice
court. (1) A justice court has jurisdiction,
but not exclusive, of the following actions:
(a)
For the recovery of money or damages only, when the amount claimed does not
exceed $10,000.
(b)
For the recovery of specific personal property, when the value of the property
claimed and the damages for the detention do not exceed $10,000.
(c)
For the recovery of any penalty or forfeiture, whether given by statute or
arising out of contract, not exceeding $10,000.
(d)
To give judgment without action, upon the confession of the defendant for any
of the causes specified in this section, except for a penalty or forfeiture
imposed by statute.
(2)
For purposes of this section, the amount claimed, value of property, damages or
any amount in controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A. [Amended by 1973 c.625 §2;
1979 c.447 §1; 1983 c.149 §2; 1989 c.839 §34; 1993 c.735 §10; 1997 c.801 §107;
1999 c.84 §4; 2007 c.71 §13; 2007 c.125 §4; 2011 c.595 §52a]
51.090 Civil jurisdiction not to extend to
certain actions. The jurisdiction conferred by
ORS 51.080 does not extend to:
(1)
An action in which the title to real property shall come in question.
(2)
An action for false imprisonment, libel, slander or malicious prosecution.
(3)
An action brought by an inmate as defined in ORS 30.642. [Amended by 1983 c.673
§9; 2003 c.14 §22; 2011 c.262 §5]
51.100 Where action may be commenced in
civil cases. (1) Except as provided in this section,
a civil action subject to the jurisdiction of a justice court must be commenced
in the county where one of the parties resides.
(2)
If a defendant in a civil action subject to the jurisdiction of a justice court
does not reside in this state, the action may be commenced in any justice
district of this state.
(3)
If all parties reside in the same justice district, a civil action may be
brought only in the justice court for that justice district.
(4)
Motions for change of venue in justice courts are subject to the same laws
governing change of venue in circuit court. [Amended by 1999 c.605 §2]
51.110 Records and files of a justice
court. The records and files of a justice
court are the docket and all papers and process filed in or returned to such
court, concerning or belonging to any proceeding authorized to be had or taken
therein, or before the justice of the peace who holds such court.
51.120 Justice court docket.
(1) The docket of a justice of the peace is a record in which the justice of
the peace must enter:
(a)
The title of every action or proceeding commenced in the court of the justice
of the peace or before the justice of the peace, with the names of the parties
thereto and the time of the commencement thereof.
(b)
The date of making or filing any pleading.
(c)
An order allowing a provisional remedy, and the date of issuing and returning
the summons or other process.
(d)
The time when the parties or either of them appears, or their failure to do so.
(e)
Every postponement of a trial or proceeding, and upon whose application, and to
what time.
(f)
The demand for a jury, if any, and by whom made; the order for a jury, and the
time appointed for trial.
(g)
The return of an order for a jury, the names of the persons impaneled and sworn
as a jury, and the names of all witnesses sworn, and at whose request.
(h)
The verdict of the jury, and when given; and if the jury disagree and are
discharged without giving a verdict, a statement of such disagreement and
discharge.
(i) The judgment of the court, and when given.
(j)
The date on which any judgment is docketed in the docket.
(k)
The fact of an appeal having been made and allowed, and the date thereof, with
a memorandum of the undertaking, and the justification of the sureties.
(L)
Satisfaction of the judgment or any part thereof.
(m)
A memorandum of all orders relating to security release.
(n)
All other matters which may be material or specially required by any statute.
(2)
The docket of a justice court may be maintained in electronic form. [Amended by
1999 c.788 §43; 1999 c.1051 §244]
51.130 Disposition of docket and files;
docket and files are public writings. The docket
and files of a justice court are to be safely and securely kept by the justice
of the peace, and by the justice of the peace forthwith delivered to a
successor in office. When any justice court is abolished, the docket and files
of that court shall be turned over to the clerk of the circuit court for the
county in which the justice court was located. Such docket and files are public
writings. [Amended by 1995 c.658 §56]
51.140 Office, courtroom and clerical
assistance; books, office equipment and supplies.
The county court or board of county commissioners of the county in which the
justice of the peace has been elected or appointed:
(1)
May provide for the office of the justice of the peace the office and courtroom
and clerical assistance necessary to enable the justice of the peace to
effectuate the prompt, efficient and dignified administration of justice.
(2)
Shall provide for the office of the justice of the peace:
(a)
The books, records, forms, papers, stationery, postage and office equipment and
supplies necessary in the proper keeping of the records and files of the
judicial office and the transaction of the business thereof.
(b)
The latest edition of the Oregon Revised Statutes and all official materials
published from time to time to supplement such edition. [Amended by 1955 c.448 §1;
1957 c.180 §1]
JUSTICES OF THE PEACE
51.210 Each district to elect one justice.
Each justice of the peace district shall elect one justice of the peace, who
shall hold office for six years and until a successor is elected and qualified.
51.220
[Amended by 1961 c.724 §25; 1965 c.510 §21; repealed by 1997 c.487 §2 and 1997
c.801 §106]
51.230 At what election justice to be
elected. The election at which a justice of the
peace shall be elected shall be the general election or, if applicable, the
election specified in ORS 249.088 next preceding the expiration of the term of
the incumbent of the office. [Amended by 1991 c.719 §3]
51.240 Qualifications for office;
principal office. (1) A person shall not be
eligible to the office of justice of the peace unless the person is a citizen
of the United States and a resident of this state.
(2)
Each justice of the peace shall be a resident of or have a principal office in
the justice of the peace district in which the justice court is located. For
purposes of this subsection, a “principal office” shall be the primary location
from which a person conducts the person’s business or profession.
(3)
The residence within this state required by subsection (1) of this section
shall have been maintained for at least three years, and the residence or
principal office required by subsection (2) of this section shall have been
maintained for at least one year, immediately prior to appointment or becoming
a candidate for election to the office of justice of the peace. [1991 c.458 §10;
1993 c.493 §88]
51.245 Continuing education.
(1) Each justice of the peace who is not a member of the Oregon State Bar shall
attend or participate in a minimum of 30 hours of educational programs every
two calendar years. The programs shall be those conducted and supervised or
approved by the Chief Justice of the Supreme Court or designee.
(2)
Each justice of the peace who is not a member of the Oregon State Bar shall
submit a written annual report of the hours of educational programs referred to
in subsection (1) of this section that are attended or participated in by the
justice during each calendar year to the Oregon Justices of the Peace
Association and shall submit a copy of that report to the governing body of the
county in which the justice has been elected or appointed. The report and copy
shall be submitted not later than March 1 of the year following the calendar
year for which the report is applicable. [1989 c.1005 §1; 1993 c.742 §39]
51.250 Time when term begins; filing
certificate of election, oath of office and undertaking.
The term of office of a justice of the peace shall commence on the first Monday
in January next following election. Before entering upon the duties of office,
the person elected thereto shall qualify by filing with the county clerk of the
county wherein the person is elected:
(1)
The certificate of election of the person.
(2)
An oath of office, by the person subscribed, to the effect that the person will
support the Constitution of the United States and the Constitution of Oregon
and will faithfully and honestly perform the duties of the office.
(3)
Also an official undertaking, duly approved by the county court or board of
county commissioners in the penal sum of $2,500; provided, that the official
undertaking of a justice of the peace in any district in which is located the
county seat, or any part thereof, shall be in such greater penal sum, not
exceeding $10,000, as the court or board shall designate. [Amended by 1987
c.158 §7]
51.260 Filling vacancy; temporary
appointment; appointment during justice’s vacation.
(1) If a vacancy occurs in the office of justice of the peace, the Governor
immediately shall appoint some person possessing the qualifications for
election to that office to fill the vacancy until the next general election and
until such appointee’s successor is elected and qualified. The person appointed
to fill the vacancy shall qualify in the same manner as a person elected to the
office.
(2)
In the event of a temporary absence or other incapacity of a justice of the
peace, the county court, if it deems it in the public interest, may appoint a
sitting justice of the peace from any county justice of the peace district
within the State of Oregon, or may appoint a person possessing the
qualifications for election as justice of the peace, to serve as justice of the
peace pro tempore during the period of absence or incapacity. An appointment
under this subsection may not be for a period exceeding one year.
(3)
In the event of a temporary absence of a justice of the peace for a period of
more than 60 consecutive days, or in the event of inability for a like period
to act by reason of illness or other cause, the Governor, if the Governor deems
it necessary in the public interest that a person be appointed to fill such
temporary vacancy, shall appoint some person possessing the qualifications for
election to such office to fill the temporary vacancy.
(4)
The person appointed by the county court or Governor pursuant to subsection (2)
or (3) of this section immediately shall qualify in the same manner as a person
elected to the office, and thereupon shall perform the duties of justice of the
peace for the district during the temporary absence or inability. During the
temporary tenure, the person shall receive the salary that the absent justice
of the peace otherwise would have received during the period. When any such
appointee has qualified and entered upon the duties of office, the appointment
thereto shall not be revoked or rescinded during the actual trial or hearing of
any action or proceeding before the appointee; but the temporary appointment
may be terminated at any other time by written notice to that effect given by
the appointing authority and filed with the county clerk of the county.
(5)
Every justice of the peace is entitled to two weeks paid vacation every year
and during such absence the county court may appoint a justice of the peace pro
tempore pursuant to the provisions of subsections (2) and (4) of this section. [Amended
by 1961 c.724 §26; 1995 c.329 §1; 1995 c.658 §58]
51.270 Form of justice’s undertaking.
The official undertaking of a justice of the peace shall be in substantially
the following form:
______________________________________________________________________________
Whereas
A B has been duly elected justice of the peace in and for the District of______,
in the County of______, at an election held on the ___ day of______, 2__, we, C
D and E F, hereby undertake that if A B shall not faithfully pay over according
to law all moneys that shall come into the hands of A B by virtue of such
office, then we, or either of us, will pay to the State of Oregon the sum of $___.
C D.
E F.
______________________________________________________________________________
51.280
Qualifications of sureties; filing justification.
The sureties in the undertaking provided for in ORS 51.250 shall have the
qualifications of bail and shall be residents of the county, and their
justification must be filed with the undertaking.
51.290
[Repealed by 1953 c.306 §18]
51.300
Temporary service by circuit court judge or other justice of the peace.
A judge of the circuit court for a county, or any justice of the peace for a
justice court district located within the county, may exercise the powers and
duties of justice of the peace of any justice court in the county:
(1) At the request of the justice of the
peace of the justice court;
(2) In the event of a vacancy in the
office of the justice of the peace, until the vacancy is filled as provided by
law; or
(3) In the event of the absence,
incapacity or disqualification of the justice of the peace, during the period
of such absence, incapacity or disqualification. [1965 c.377 §2; 1979 c.69 §1;
1999 c.605 §3]
FEES
AND FINES
51.310
Schedule of fees; payment of fees to county treasurer.
(1) Except as provided in ORS 105.130, the justice of the peace shall collect,
in advance except in criminal cases, and issue receipts for, the following
fees:
(a) For the first appearance of the
plaintiff, $40.
(b) For the first appearance of the
defendant, $40.
(c) In the small claims department, for a
plaintiff filing a claim, $28; and for a defendant requesting a hearing, $28.
(d) For transcript of judgment, $6.
(e) For transcript of judgment from the
small claims department, $6.
(f) For certified copy of judgment, $6.
(g) For issuing writs of execution or
writs of garnishment, $6 for each writ.
(h) For taking an affidavit of a private
party, $1.
(i) For taking
depositions, for each folio, 70 cents.
(j) For supplying to private parties
copies of records and files, the same fees as provided or established for the
county clerk under ORS 205.320.
(k) For each official certificate, $1.
(L) For taking and certifying for a
private party an acknowledgment of proof of any instrument, $3.
(m) Costs in criminal cases, where there
has been a conviction, or upon forfeiture of security, $5.
(2) Not later than the last day of the
month immediately following the month in which fees set forth in subsection (1)
of this section are collected, the justice of the peace shall pay all such
fees, other than those for performing marriage ceremonies, over to the county
treasurer of the county wherein the justice of the peace was elected or
appointed, for crediting to the general fund of the county, and shall take the
receipt of the treasurer therefor. [Amended by 1965
c.619 §25; 1979 c.447 §2; 1987 c.829 §1; 1989 c.583 §10; 1991 c.458 §2; 1997
c.801 §132; 1999 c.1051 §245; 2003 c.687 §1; 2011 c.595 §52b]
51.340
Monthly report of fines collected. Justices of
the peace in each county shall report to the county treasurer once in each
month the amount of all fines collected by them, from whom collected, and what
the fine was for, and at the same time pay to the county treasurer in money the
full amount of the fines collected. If the justices of the peace have collected
no fines, they shall report that fact to the county treasurer.
51.350
[Repealed by 1983 c.77 §1 and 1983 c.310 §21]
51.360
[Repealed by 1983 c.77 §1 and 1983 c.310 §21]
51.410
[Repealed by 1965 c.624 §12]
CONSTABLES
51.440
Appointment of constables; term; removal. (1)
The county court or board of county commissioners may appoint a constable for
any justice of the peace district in the county.
(2) An appointed constable shall hold
office for a term of not more than four years to be set by the county court or
board of county commissioners.
(3) An appointed constable may be removed
for cause by order of the county court or board of county commissioners.
(4) An order of appointment or removal
under this section shall not take effect until filed with the county clerk. [Amended
by 1965 c.624 §1; 1971 c.136 §1; 1995 c.658 §59]
51.450
Qualifications for office. A person shall not be eligible
to the office of constable of a justice of the peace district unless the person
is an elector registered in the county in which the court is located. The
county court or county commissioner may designate the constable as the
constable for one or more justice of the peace districts within the county. [Amended
by 1965 c.624 §3; 1983 c.83 §3; 1995 c.658 §60]
51.460
Oath and undertaking; amount of undertaking. Before
entering upon the duties of the office of constable, the person selected shall
qualify by filing with the county clerk an oath of office subscribed and to the
same effect as required of a justice of the peace, and also an official
undertaking, duly approved as in the case of a justice of the peace, in the
penal sum of $2,500; provided, that the official undertaking of a constable of
any justice of the peace district in which is located the county seat, or any
part thereof, shall be in such greater penal sum, not exceeding $10,000, as the
county court or board of county commissioners shall designate. [Amended by 1965
c.624 §4; 1995 c.658 §61]
51.470
Form of undertaking. The official undertaking of a
constable shall be in substantially the following form:
______________________________________________________________________________
Whereas A B has been duly selected
constable of the District of______, in the County of______, we, C D and E F,
hereby undertake that if A B does not faithfully execute and return all process
to A B directed and delivered, and pay over according to law all moneys that
shall come into the hands of A B by virtue of office, then we, or either of us,
will pay to the State of Oregon the sum of $___.
C D.
E F.
______________________________________________________________________________
[Amended by 1965 c.624 §5; 1995 c.658 §62]
51.480
Qualifications of sureties. The sureties in the undertaking
provided for in ORS 51.460 shall have the qualifications of bail and shall be
residents of the county; and their justification must be filed with the
undertaking.
51.490
Filling vacancies; qualifying for office. If a
vacancy occurs in any office of constable, the county court or board of county
commissioners may appoint some person possessing the qualifications prescribed
by ORS 51.450 to fill the vacancy until the expiration of the term. The person
so appointed to fill the vacancy shall qualify in the manner and form
prescribed by ORS 51.460. [Amended by 1965 c.624 §6]
51.500
Deputies; appointment; revocation; oath of office; authority and powers;
compensation. With the approval of the county court
or board of county commissioners, a constable may have one or more deputies,
who shall be appointed by the constable in writing. Each such appointment shall
be filed with the county clerk of the county, and shall be revocable at any
time by the constable, by a writing signed by the constable and filed with the
clerk; and, upon the filing, the term of the deputy or deputies therein named
shall cease. Every person appointed deputy shall, before entering upon the
duties of the office, take and file with the county clerk an oath of office of
like effect to that taken and filed by the constable. Each deputy shall have
authority and power to perform any duty or act that the appointing constable
has the authority and power to perform, and the constable shall be responsible
on the official bond of the constable for any act or omission of any deputy.
Each deputy shall receive monthly from the county such salary as may be fixed
by order of the county court or board of county commissioners. The salary shall
be payable in the same manner as the salaries of county officers are paid, and
shall be in full compensation for all official duties and services performed
and rendered by the deputy; and no other compensation, commissions or fees
whatever shall be allowed to, or received or retained by the deputy. [Amended
by 1965 c.624 §7]
51.520
[Repealed by 1953 c.306 §18]
51.530
[Amended by 1965 c.624 §8; repealed by 1973 c.393 §4]
51.540
Civil fees collected in advance; payment to county treasurer.
The constable shall collect in advance in civil cases for each service
performed in the execution of official duties the fees fixed by law to be
charged for the same or a similar service by the sheriff of the county wherein
such constable has been selected. The constable shall, not later than the 15th
day of the month following the month in which such fees are collected, pay them
over to the county treasurer of the county wherein the constable has been
selected, for crediting to the general fund of the county, and take the receipt
of the treasurer for them. [Amended by 1965 c.624 §9]
51.550
Office; clerical assistance; books, office equipment and supplies.
(1) The constable of a justice of the peace district shall have office in and
with that of the justice of the peace, without charge.
(2) The county court or board of county
commissioners of the county wherein a constable has been selected shall provide
the constable with such office space and clerical assistance as shall be
necessary to enable the constable promptly and efficiently to perform the
duties of office, and also with such books, records, forms, papers, stationery,
postage and office equipment and supplies as may be necessary in the proper
transaction of the business of such office. [Amended by 1965 c.624 §10]
51.610
[Amended by 1965 c.134 §1; 1965 c.624 §11; repealed by 1971 c.136 §3]
51.620
[Repealed by 1971 c.136 §3]
51.630
[Amended by 1959 c.621 §1; repealed by 1971 c.136 §3]
51.640
[Amended by 1965 c.613 §26; repealed by 1971 c.136 §3]
51.650
[Repealed by 1953 c.306 §18]
51.660
[Repealed by 1965 c.510 §24]
51.670
[Amended by 1965 c.510 §22; repealed by 1965 c.624 §12]
51.680
[Repealed by 1953 c.306 §18]
51.690
[Repealed by 1953 c.306 §18]
51.700
[1965 c.624 §2; repealed by 1971 c.136 §3]
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