2005 Oregon Code - Chapter 51 :: Chapter 51 - Justice Courts and Civil Jurisdiction Thereof
Chapter 51 — Justice Courts and Civil Jurisdiction Thereof
2005 EDITION
TITLE 6
JUSTICE COURTS AND CIVIL PROCEEDINGS THEREIN
Chapter    51.      Justice Courts and Civil Jurisdiction Thereof
                 52.      Procedure in Ordinary Actions
                 53.      Appeals in Civil Actions
                 54.      Juries
                 55.      Small Claims
_______________
Chapter 51 — Justice Courts and Civil Jurisdiction Thereof
2005 EDITION
JUSTICE COURTS & CIVIL JURISDICTION THEREOF
JUSTICE COURTS & CIVIL PROCEEDINGS THEREIN
ORGANIZATION AND JURISDICTION
51.010Â Â Â Â Â Â Justice court defined; no terms of court; court always open for business
51.020Â Â Â Â Â Â Justice of the peace districts; establishing and modifying boundaries; maximum number of districts
51.025Â Â Â Â Â Â Justice court as court of record
51.035Â Â Â Â Â Â Justice of peace as municipal judge
51.037Â Â Â Â Â Â Agreement between city and county for provision of judicial services
51.050Â Â Â Â Â Â Criminal jurisdiction; transfer to circuit court
51.070Â Â Â Â Â Â Crimes triable in justice court
51.080Â Â Â Â Â Â Civil jurisdiction of justice court
51.090Â Â Â Â Â Â Civil jurisdiction not to extend to certain actions
51.100Â Â Â Â Â Â Where action may be commenced in civil cases
51.110Â Â Â Â Â Â Records and files of a justice court
51.120Â Â Â Â Â Â Justice court docket
51.130Â Â Â Â Â Â Disposition of docket and files; docket and files are public writings
51.140Â Â Â Â Â Â Office, courtroom and clerical assistance; books, office equipment and supplies
JUSTICES OF THE PEACE
51.210Â Â Â Â Â Â Each district to elect one justice
51.230Â Â Â Â Â Â At what election justice to be elected
51.240Â Â Â Â Â Â Qualifications for office; principal office
51.245Â Â Â Â Â Â Continuing education
51.250Â Â Â Â Â Â Time when term begins; filing certificate of election, oath of office and undertaking
51.260Â Â Â Â Â Â Filling vacancy; temporary appointment; appointment during justiceÂ’s vacation
51.270Â Â Â Â Â Â Form of justiceÂ’s undertaking
51.280Â Â Â Â Â Â Qualifications of sureties; filing justification
51.300Â Â Â Â Â Â Temporary service by circuit court judge or other justice of the peace
FEES AND FINES
51.310Â Â Â Â Â Â Schedule of fees; payment of fees to county treasurer
51.340Â Â Â Â Â Â Monthly report of fines collected
CONSTABLES
51.440Â Â Â Â Â Â Appointment of constables; term; removal
51.450Â Â Â Â Â Â Qualifications for office
51.460Â Â Â Â Â Â Oath and undertaking; amount of undertaking
51.470Â Â Â Â Â Â Form of undertaking
51.480Â Â Â Â Â Â Qualifications of sureties
51.490Â Â Â Â Â Â Filling vacancies; qualifying for office
51.500Â Â Â Â Â Â Deputies; appointment; revocation; oath of office; authority and powers; compensation
51.540Â Â Â Â Â Â Civil fees collected in advance; payment to county treasurer
51.550Â Â Â Â Â Â 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. [Amended by 1965 c.568 §5; 1995 c.658 §53; 1997 c.801 §105; 1999 c.449 §1]
     51.025
Justice court as court of record. (1) Except as provided in subsection (4)
of this section, any justice court may become a court of record by the passage
of an ordinance by the governing body of the county in which the court is
located. The county shall ensure that a court reporter is provided for each
justice court made a court of record under this section.
     (2) Notwithstanding ORS 53.005 to 53.125 and ORS chapter 157, 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.
     (3) 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.
     (4) 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]
     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]
     51.030
[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
153.630, 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]
     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. A justice court has jurisdiction, but
not exclusive, of the following actions:
     (1) For the recovery of money or damages only, when the amount claimed does not exceed $5,000.
     (2) For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $5,000.
     (3) For the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $5,000.
     (4) Also, 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.
     (5) 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]
     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. [Amended by 1983 c.673 §9; 2003 c.14 §22]
     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 justiceÂ’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 appointeeÂ’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 justiceÂ’s undertaking. The official undertaking of a justice of the
peace shall be in substantially the following form:
______________________________________________________________________________
    Â
     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, $30.
     (b) For the first appearance of the defendant, $22.50.
     (c) In the small claims department, for a plaintiff filing a claim, $22.50; and for a defendant requesting a hearing, $15.
     (d) For transcript of judgment, $6.
     (e) For transcript of judgment from the small claims department, $5.
     (f) For certified copy of judgment, $3.50.
     (g) For issuing writs of execution or writs of garnishment, $5 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]
     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:
______________________________________________________________________________
    Â
     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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