CHAPTER XXII.

PROMISSORY NOTES AND BILLS OF EXCHANGE.

All notes in writing made and signed by any person, whereby he shall promise to pay to any other person, or to his order, or to the order of any other person, or to the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner, as inland bills of exchange, according to the custom of merchants. Days of grace are allowed upon bills and promissory notes, where not otherwise expressed.

Damages for non-acceptance of bills of exchange upon the usual protest are as follows, when drawn or negotiated in this State :

If such bills shall have been drawn upon any person or persons in any of the United States east of the Rocky Mountains, fifteen dollars upon the hundred upon the principal sum specified in such bill. If such bill shall have been drawn upon any person or persons in any part or place in Europe, or in any foreign country, twenty dollars upon the hundred upon the principal sum specified in such bill.

CHAPTER XXIII.

MORTGAGES.

A mortgage of real property, whatever its terms, shall not be deemed a conveyance, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and

sale.

PART V.

STATE OF OREGON.

PREPARED EXPRESSLY FOR THIS WORK BY DOLPH, BRONOUGH, DOLPH & 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 five justices, who are elected by the electors in each district, and who hold their offices for six years. The Supreme Court has jurisdiction only to revise the final decisions of the Circuit Courts.

The Circuit Courts are held at least twice in each year, in each county organized for judicial purposes, by one of the justices of the Supreme Court. 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 con

trol 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 held at Portland, on the second Monday of April, August and November.

Judges, Hon. Stephen J. Field, Associate Justice of the Supreme Court, and Hon. Lorenzo Sawyer, Circuit Judge. Clerk, Ralph Wilcox. Marshal, D. J. Malarkey.

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, Ralph Wilcox. Marshal, D. J. Malarkey. U. S. District Attorney, Rufus Mallory. Register in Bankruptcy, H. H. Northup.

SUPREME COURT OF OREGON.

Regular terms held at Salem, on the second Monday in December of each year, and special terms held at such other times as the Court appoints.

CIRCUIT COURTS OF THE STATE OF OREGON.

COUNTIES.

TIMES OF HOLDING.

Baker..

Benton

Clackamas
Clatsop
Columbia

Coos..

Curry

Douglas.

Grant.
Jackson.

Josephine.
Lake..

Lane.

Linn.

Marion.
Multnomah.
Polk..

Umatilla.
Union..
Wasco..

Washington.
Yamhill..

First Monday of October and third Monday of May.
Third Monday of November and second Monday of April.
Fourth Monday of April and fourth Monday of September.
Second Tuesday of August and fourth Tuesday of January.
Second Monday of April.

Fourth Monday of May and second Monday of September.
First Monday of June.

Third Monday of October and second Monday of May.
Third Monday of September and first Monday of June.
Second Monday of February, June and November.
Fourth Monday of April and fourth Monday of October.
Fourth Monday of June and November.

Third Monday of April and first Monday in November.
Second Monday in March and fourth Monday in October.

Fourth Monday of Feb., second Monday of June, and third Monday of Oct.
Second Monday of February, June, and October.

Second Monday of May and first Monday of December.
Fourth Monday of October and last Monday of April.

Third Monday of October and first Monday of May.

Second Monday of November and third Monday of June.
Fourth Monday of May and first Monday of October.
Fourth Monday of March and first Monday of October.

TERMS OF THE COUNTY COURTS.

In the counties of Josephine, Curry, Coos, Columbia, Clatsop,

Tillamook and Umatilla-on the first Monday of January, April, July and September.

In the counties of Grant, Baker, Lane and Wasco-on the first Monday of January, March, May, July, September and November.

In the county of Lake-on the first Monday of every alternate

month.

In the county of Union-on the second Monday of May and the first Monday of January, March, July, September and Novem

ber.

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

CHAPTER III.

COMMENCEMENT OF SUITS.

Actions at law are commenced by filing a complaint with the Iclerk 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 the service; but if served in any other